Brain injury claim resulting from a surgical error

The story

Our client underwent functional endoscopic sinus surgery (FESS – a procedure used to treat sinusitis and other conditions affecting the sinuses) to remove nasal polyps in December 2016. During the operation, a surgical instrument went too far up his nose, causing an injury to the base of his skull, which was not initially noticed. This led our client to suffer permanent brain damage.

The details

Following the surgery and his discharge from hospital, our client experienced confusion and developed a severe headache. He returned to hospital on two occasions for CT scans which revealed the injury – pockets of air within the skull. He had further surgery to repair the leak to the right-hand side of the base of his skull in January 2017.

After the surgery to treat the injury, our client suffered several seizures, and a CT scan showed a lesion in the frontal right lobe of his brain and cerebritis (inflammation of the cerebrum caused by the early stages of a brain infection). He was thought to be suffering from meningitis and was treated with antibiotics and anticonvulsants and discharged. 

Our client continued to suffer from memory problems, anxiety, and dysexecutive syndrome (a collection of cognitive and behavioural difficulties, often resulting from brain damage, primarily affecting executive functions like planning, organising, and problem-solving). Further seizures in December 2019 led to the discovery of a meningocele (where protective membranes surrounding the brain push through a defect in the skull), requiring further surgery in April 2020. 

The impact

The injury has had a profound effect on our client, causing permanent brain damage, he has memory issues, concentration difficulties, and executive function problems. He has experienced seizures, headaches, blurred vision, fatigue, and a reduced sense of smell. His mood and motivation have been severely impacted, leading to depression and anxiety. 

As a result of his injuries, our client was initially unable to work and has only been able to return to work on reduced hours and is not able to carry out all the aspects of his job.  In the long term his capacity to work has been reduced by his brain injury. His low mood and seizures have prevented him from driving and working at heights - he was a builder by trade so this had an impact on the work he could safely do.

He is also at increased risk of a further leak, which could result in him suffering meningitis and cerebral abscess and is likely to require further surgery.

How we helped 

Our client instructed medical negligence specialist Louise Tyler in January 2018. She conducted investigations with the assistance of an ear, nose and throat consultant and a neurosurgeon, who  identified breaches of duty by the treating surgeon. Whilst it is true that an anterior skull base injury is possible from endoscopic surgery in this case the injury was 1 cm and hadn’t been noted on inspection. Post operatively there was a failure to recognise the complication which arose during the surgical procedure, and a failure to perform a CT scan prior to our client’s discharge on 20 December, which would have shown the injury, and a repair could have commenced much sooner. The defect itself suggested the standard of the surgery was well below what would be acceptable as reasonable. 

Despite the defendant's denial of liability in response to our Letter of Claim served in May 2019 we continued  to investigate and challenged the defendant who eventually indicated they would consider our expert reports and schedule of loss. This was despite them making no formal admission of liability. The claim faced delay because of Covid, but following extensive negotiations and obtaining further expert reports Louise obtained a six-figure settlement in June 2024 for her client. 

What our client said

“Thank you so much, such a weight of my mind now, we can hopefully get on and enjoy life”

Louise Tyler commented on the outcome of the case: “I was delighted to reach a settlement in this case as our client was suffering financially, he was self-employed, nearing retirement and his business had been struggling because of his injuries. The defendants did not make any admissions but despite that we obtained several helpful expert reports and served them with a Schedule of Loss which persuaded the defendant to accept they were liable and negotiate a settlement.”

Disclaimer

This information is for educational purposes only and does not constitute legal advice. It is recommended that specific professional advice is sought before acting on any of the information given. © Shoosmiths LLP 2025