16 October 2006
Surrey claimant wins major settlement
Guildford's Hart Brown solicitors has gained a settlement of over £2 million for a client in an important and difficult case which involved legal aid.
Just before Christmas in 2001 and aged only 41 years, Ann Ellston collapsed at work in Surrey and was taken to the Royal Surrey County Hospital in Guildford.
Examinations there confirmed that she had suffered from a subarachnoid haemorrhage (a burst aneurysm in the brain). Her condition was so serious and life threatening that she was transferred to the Charing Cross Hospital in London for specialist treatment.
Early effective treatment by way of surgery or using a technique called “coiling” can save patients from having a second bleed in the brain which can be the most devastating injury. This should have been done by the Hospital as a matter of urgency within a couple of days from Ann’s admission but tragically this was not done and as a result she suffered from a further bleed.
This second, avoidable, bleed severely damaged Ann’s brain and she had to undergo numerous surgical procedures and remained an inpatient for a year before she was discharged from rehabilitation in December 2002.
She is a lovely person with a cheerful disposition who has tried hard to overcome her injuries, but she has permanently lost her previous ability to walk and function normally and to cope with the demands of life on her own. She will always need full-time care and cannot work.
Ann is not the only victim of the Hospital’s negligence however and her husband Gary had to give up work to care for her, as well as fighting hard to get justice and deal with the different authorities involved in his wife’s welfare.
Marek Bednarczyk, Partner at Hart Brown solicitors, represented Ann Ellston and said, “This case has not been easy. A letter of claim was sent to the Defendant’s solicitors but it was months before the Hospital Trust admitted primary liability and the case was then set for Trial in October 2006.
“A full written apology was made however by the Chief Executive of the Hospital Trust which was appreciated. Problems arose in the case over a number of matters, including the issue of purchasing more suitable alternative accommodation for Ann. In June 2006 the stress of the case made Gary so ill that he collapsed, but fortunately he has since made a complete recovery.
“We are delighted that we have secured a good settlement without having to go to trial and the Ellstons can now move on with their lives.”
Mr Bednarczyk added, “Gary wants to thank the Legal Services Commission for granting Legal Aid for his wife. Too often legal aid is criticised but this is a story where it has been crucial in allowing the case to reach a successful conclusion. Without that support this case would never have been won and Ann Ellston would not have received the justice she richly deserves.”