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£450,000 award follows hernia repair.

A man who was left with significant and disabling groin pain following surgery for a hernia repair has been awarded £450,000.00 in full and final settlement of his claim for damages.

The Claimant was referred by his GP for treatment following diagnosis of a right inguinal hernia. The Claimant was discharged the day after treatment but was in considerable pain.

Thereafter the Claimant underwent various treatments in order to alleviate his symptoms including a nerve block injection and further surgery. He subsequently underwent nerve stimulation and neuro-modulation but unfortunately none of these were successful in alleviating the Claimant’s pain.

The Claimant’s symptoms were such that he was not able to return to his employment following the first surgery.

Court proceedings were commenced on behalf of the Claimant and during the early course of those proceedings the Defendants made various offers in an attempt to settle the claim but none of these were considered to be appropriate or adequate.

Medical evidence was obtained on behalf of the Claimant which indicated that he had pre-index vulnerability and genuine neuropathic pain which was not alleviated by transcutaneous nerve stimulation, or implanted spinal and local groin wire stimulation treatment.  Further evidence indicated that the Claimant continued to suffer major depression and anxiety.

In preparation for trial the Claimant suggested a round table meeting to try to narrow the issues between the parties. Shortly after the round table meeting the Defendant put forward an increased offer of £450,000.00 and this was accepted by the Claimant.

Speaking of the conclusion of the claim, Rachel Griffiths of the CNCI team said, “This was a complex case in which we required expert involvement from a number of different specialists. There was conflicting evidence between the experts instructed by the Claimant and the Defendant. Had the matter gone to a full trial then the costs incurred by both sides would have been very significant. The round table meeting was helpful in that it enabled the parties to consider all of the issues and make progress with negotiations. This formed the basis for the settlement which was subsequently achieved by negotiation. The Claimant continues to suffer significant levels of pain. Although the financial compensation cannot alleviate this we hope that it will enable the Claimant to start to rebuild his life and at least provide some degree of financial security in what would otherwise be very challenging times for him.”