Our client, Mr P, had retired in 2014 after a demanding career. He was an active man and his plan was to enjoy retirement by taking up sports and hobbies he enjoyed, travelling and spending more time with his family and friends.
Mr P started experiencing discomfort in his left knee in 2019 due to osteoarthritis, which worsened over time. He underwent a left knee replacement in October 2021 under spinal anaesthesia. He reported pain during the anaesthetic injection, however the injection continued and he was taken for surgery as planned.
Immediately following the surgery, Mr P had a noticeable dropped left foot. He also felt an overwhelming pain from the lower back through to the coccyx, buttocks, genitals, anus, perineum, and down both legs. His dropped foot causes mobility issues and he is unable to walk properly without constant burning pain. He has also suffered from bladder and bowel incontinence issues since the surgery. These issues have severely curtailed Mr P’s plans for an active retirement.
It was alleged on behalf of Mr P that an MRI scan following the surgery showed injury to the spinal cord, which suggested that there had been injection into the substance of the spinal cord. This indicated that the anaesthetic injection was at the incorrect intervertebral level (T12/L1) and the injection site was unacceptably high. Mr P had therefore sustained a spinal cord lesion injury and subsequent sacral arachnoiditis – a rare pain disorder caused by inflammation of the arachnoid, one of the membranes surrounding the nerves of the spinal cord.
The defendant initially denied liability for Mr P’s claim. However, with the assistance of various medical experts we continued to challenge the defendant’s position. By February 2025, the defendant accepted that the anaesthetic injection site was indeed at T12/L1 but stated that it was not negligent to have inserted the spinal needle three intercostal spaces higher than intended. As such, they denied that the injection caused Mr P’s symptoms.
The defendant eventually agreed to explore settlement of Mr P’s claim via mediation. Following negotiation at the mediation meeting in May 2026, the claim was successfully settled for £350,000.
Our client comments on his case as follows:
“Clare has so much experience in the field of clinical negligence that she hand picks the right experts including the barrister for the case. My case was prolonged and it took 41/2 years to settle but not through the fault of Girling’s. However, I was thoroughly happy with the claim awarded at the end of the day and it is testament to both Clare Milne’s professionalism and that of our barrister Rory Badenoch that it was settled to my satisfaction. The financial outcome will make me and my wife’s remaining years just a bit more comfortable to bear. The whole team at Girlings were brilliant so thanks to Clare, Michelle and Madeleine for their service.”