06 July 2015
Brain-Damaged Executive Wins Hospital Pay-Out
A man who was left-brain damaged after inadequate weekend hospital care has received a £3 million settlement from the NHS.
Tristan Rosevear, 47, spent nine weeks in intensive care after delays in treating septic arthritis in his left hip at St Mary’s Hospital, Paddington.
The telecommunications executive had to be resuscitated and suffered a stroke. Almost five years on, he still struggles to communicate and has limited mobility.
The pay-out, by the NHS Litigation Authority on behalf of St Mary’s, includes a £1.5 million lump sum and annual payments for the next 20 years for his rehabilitation and care.
His wife Janine Abery, 48, who gave up a film industry career to become his carer, said: “It’s been a long road. It’s been more than four-and-a-half years since Tristan’s stroke, and frustrating they didn’t see fit to settle earlier than they did. I hope the NHS can up its game so nobody else’s family has to suffer what Tristan’s has.”
The couple were living in Queen’s Park when Mr Rosevear went to A&E at St Mary’s on November 19, 2010. He should have been given antibiotics that day, but there were only limited interventions despite low blood pressure and a racing heartbeat.
Three days later septic shock was diagnosed and he required an urgent operation. He later suffered multiple organ failure and needed brain surgery.
“He was admitted on a Friday night and had no treatment at all over the weekend,” Ms Abery said.
“I have got absolutely nothing good to say about that weekend at St Mary’s.” The hospital paid for the couple to fly to their native New Zealand on a medical plane to continue Mr Rosevear’s recovery.
“He is a different person now, though he has improved tenfold,” Ms Abery said. “He is unable to read, write or speak coherently to anyone who doesn’t know him.”
“It is a big relief to have finally settled the case. Our lives will never be the same again but at least now we can move forward and provide Tristan with the care he needs. I just hope lessons are now learned by the hospital.”
Paul Sankey, clinical negligence specialist at Slater and Gordon, representing the family, said: “This has been a long and hard-fought claim which was resolved only days before trial. It is a shame the NHS didn’t resolve this case at a much earlier stage as this would have saved our client from significant heartache.
“While we are delighted the case has been settled no sum of money can undo the very serious and avoidable harm Tristan suffered as a result of admitted mistakes in his care. However it can make life easier for him in the future and enable him to enjoy greater independence.”
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Wednesday 18th July 2018