Medical errors at Bristol Royal Infirmary result in award of £4.1 million

The mother of Laura Gaines, a young woman left with severe cerebral palsy following mismanagement of a cardiac arrest at the Bristol Royal Infirmary, has today spoken of her relief that her battle to obtain compensation for her daughter is now over.

29 year old Laura Gaines, formerly of Burnham-on-Sea, Somerset, was born with a heart defect which required surgery when she was 10 months old.  Two days after the operation at the Bristol Royal Infirmary, she had a cardiac arrest but it took the attending personnel 22 minutes to resuscitate her.  As a result, her brain was starved of oxygen and she sustained catastrophic/near total, brain damage, leaving her blind, unable to move or speak, epileptic, totally dependent on others for all her needs and with a much reduced life expectancy.

Laura and her family moved to the United States in 1981, when she was aged 2 years.  At the time of the incident, Mrs Gaines did not contemplate bringing a legal claim against the hospital.  However, in 1998, she heard that there was to be a public enquiry into the cardiac services at the Bristol Royal Infirmary and she therefore contacted Tozers Solicitors of Exeter, who had already been instructed to act for many families and children who had undergone negligent treatment at the BRI. 

The hospital made an admission of negligence in 2001 but the amount of damages could not be agreed at that time and extensive work had to be undertaken as a consequence.  A trial date at the Royal Courts of Justice, London, had been set for this month but following negotiations between Laura's solicitor, Tim Dyde of Tozers in Exeter, and the legal representatives for the hospital, an agreement was reached on a substantial settlement.  Today (Friday 22 February) at the Royal Courts of Justice in London, this award has been approved.

Laura's solicitor Tim Dyde said: "Laura's case was an unusual and highly complex one as it involved working with both American experts as well as British ones.  It had been vital to ensure that  the final award of compensation took account of all US tax implications for Laura as well as ensuring that all other aspects of US law were dealt with so that Laura received all the damages to which she was entitled."

Mrs Gaines has always provided her daughter with the highest quality of care and this settlement will go towards ensuring the rest of Laura's life is as comfortable as possible.  Laura and her family are now looking forward to putting the legal case behind them and getting on with their lives in the US.