Contents
Sam's Story
3 year old Sam lived with his family in a block of council flats in London. Since his birth in 1987, Sam had developed well. Early in 1991 Sam became ill and his parents took him to A&E with a chest infection and vomiting, after being checked over Sam was allowed to go home.
A few weeks later Sam's parents became increasingly concerned when his condition hadn't improved and as a result of further vomiting, they took Sam to his GP. They attended the GP a further three times and on the fourth occasion Sam's GP referred him to hospital.
On the way to the hospital his father noted that Sam had become drowsy and while waiting to be seen he passed out in his fathers arms. When the Doctor's examined him, Sam was found to be lethargic, dehydrated, not fully rousable and with fluctuating levels of consciousness. His limbs were floppy and muscle power could not be assessed. He was sent immediately for an urgent brain scan which was interpreted as normal.
However Sam's condition continued to deteriorate. During the same evening he had a lumbar puncture. This revealed an elevated protein content. Later that evening he began to have a series of convulsions and was intubated and ventilated.
The original brain scan was re-reviewed and showed raised intercranial pressure. It was subsequently confirmed that his blood lead level was extremely high at 3,200 mcg/l. A diagnosis of lead encephalopathy was made.
An operation to relieve the pressure on Sam's brain was performed but his intercranial pressure proved difficult to control and he developed a recurrence of the seizures. Sam had also suffered damage to the corneas of both eyes which was diagnosed as exposure keratopathy. A little under two weeks later, Sam began to respond to painful stimuli but was still unresponsive to verbal commands. Diminished power in the limbs was detected and continuous spontaneous choreoathetoid movements developed.
Sam's condition slowly improved. Three years later at 7 years of age Sam's lead blood levels remained higher than the unexposed norm and he was reported to be functioning at a level of a 4-year-old. Thus he was functioning no better than at the age at which he developed lead encephalopathy.
In addition X-rays of Sam's joints showed dense white 'lead lines' at the growing end of the long bones probably caused by ingestion of excessive amounts of lead containing material.
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The Legal Case
It was alleged that Sam had suffered lead encephalopathy as a result of ingesting flaking paint on radiator pipe-work in his bedroom or paint of putty applied by the Council in 1984 when central heating had been installed. Analysis of the radiator piping paint revealed a lead concentration of 8.76% and of the putty a concentration of over 6%.
The case set out that Sam was injured by the negligence or breach of statutory duty care of the Council, their servants or agents due to:
- Using paint and or putty with a high lead content in a flat which they knew to be let to a family with young children, and when they ought to have known that there was a risk that it would be ingested by children at the let premises.
- Failing to remove the paint and putty
- Failing to warn Sam's parents that they had used paint and/or putty with a high lead content.
Sam is functioning just above the level of severe mental handicap and is unlikely ever to be able to obtain remunerative employment and will probably always need care in adulthood.
The Defendants admitted liability immediately and therefore the only question remaining was that of quantum.
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The Claim - Medical Evidence
A Consultant Paediatrician with specialist expertise in lead poisoning was appointed to provide an opinion on Sam's case. The Consultant paediatrician reported that pica is commonplace in young children and that a wide variety of materials may be ingested.
Sam had ingested the lead paint over a period of time and his blood lead level value was unusually high. Such cases can be fatal and commonly result in brain damage.
The clinical findings of the Consultant showed that there had been minimal change in his intelligence in the previous four years. The relatively constant level of intelligence likely to be encountered does not imply that Sam will be unable to gain new skills but that they will be gained at a lesser rate than in children of the same age and it is unlikely that Sam will ever function at a level sufficient to secure employment. Presuming that Sam would continue to have prompt access to medical attention and treatment when required and that he remains in general good physical health and lack of any known susceptibility to disease, the medical opinion of two Consultant Paediatricians concurred that Sam's life expectancy was not greatly impaired by these events.
A Clinical Psychologist also examined Sam with regard to his intelligence. He noted that following the tests, Sam's overall level of intelligence placed him in the lowest 0.1% of the population.
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Settlement
The Defendants admitted that Sam had suffered lead poisoning as a result of eating flaking paint from the radiators in his bedroom, which caused permanent and significant brain damage. But for the defendant's admitted negligence there is no suggestion that he would have been other than a fit and healthy child nor that he would have done other than to develop into a normal adult. In order to agree upon the damages to be awarded to Sam, the Defendants instructed a Nursing Expert, a Consultant Paediatrician in Neurorehabilitation and a Consultant Neurologist to assess the after effects of the brain damage Sam had sustained.
Sam's case was successfully settled for £1,030,000. This figure includes the past care which his parents had afforded to him, future care, such as attending a specialist residential college, personal assistants and help for Sam and his family, speech and language therapy, future loss of earnings.
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Glossary Terms
- Lumbar Puncture
- A process that takes fluid from the spine for examination.
- Exposure Keratopathy
- A disease affecting the cornea as a result of the presence of the lead in the blood.
- Spontaneous Choreoathetoid
- Involuntary, repetitive, writhing movements which the person cannot control.
- Quantum
- The amount of damages a person will receive.
- Pica
- The ingestion of substances not normally regarded as food.
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The pain and difficulties of our son's problems are in no way lessened, but nevertheless, the successful court action means that he will be provided with a good level of care, provision and therapy for the rest of his life and this is absolutely vital to both him and us. It would not have been possible without the effort and drive that you put into the case: Anonymous
Comment from Alex
In cases such as this where someone has been seriously injured as a result of another's negligence, often the compensation awarded can be substantial. Often cases which are reported in the media emphasise the amount of the monetary award and it can appear as if the claimant has won the lottery. However it is important to remember that this is not a windfall for the families involved. For example in this case, the compensation that Sam has received has already been accounted for with regard to his future care needs. Sam's parents are not going to be able to provide the specialist care that he will require into the future and they can now be comforted in the knowledge that once they are no longer around to help Sam, his needs will be cared for. It is important for families like this that they seek specialist advice to ensure that damages are maximised to provide complete financial security to cover future needs.