Compensation for misdiagnosed condition leading to serious brain injury

The story

Our client Laura* was diagnosed with encephalitis in hospital. However, following investigation by Natasha and her team, it was established that encephalitis was the incorrect diagnosis. Instead, Laura suffered from Wernicke’s Encephalopathy, a brain injury caused by a thiamine deficiency.

The background

Laura attended hospital on many occasions with vomiting and weight loss, which meant it was likely that she was becoming deficient in a variety of vitamins and minerals. Despite the hospital considering it necessary for Laura to be treated by a dietician, this was not arranged by the hospital at any stage. Laura collapsed due to a brain injury and was put into an induced coma to aid her recovery. 

When Laura started to improve, she was transferred to a rehabilitation hospital for almost three months. During this time, she had to re-learn usual daily activities such as talking, walking, getting dressed, and holding a pen. Due to the failure to refer Laura to a dietician, she was not given vital supplements including thiamine, which would have prevented WE from developing. 

The impact

Sadly, because of the hospital’s error, Laura now has a permanent brain injury. She is unlikely to live independently or to be able to earn a living through paid employment. Laura is likely to require considerable care and assistance, specialist accommodation, rehabilitation and therapies. She is unable to manage her own finances and requires support with this. 

At the time of her injury, Laura was fit and active. She was 21 years old with her future ahead of her. However, she and her family must now navigate Laura’s new life around the consequences of her injury. 

How we helped

Natasha has relentlessly pursued Laura’s claim for more than five years. Despite initially denying parts of the case, the hospital trust has now agreed to a liability settlement, which means that Laura will win her claim, and the parties will focus on agreeing the appropriate level of compensation. As a result of the liability settlement, the Defendant hospital has agreed to pay Laura a six-figure interim payment on account of damages, which Laura plans to use for much needed therapy, rehabilitation and to engage private care and assistance to reduce her reliance on family members. We hope that this payment will assist Laura to achieve her rehabilitation goals and to maximise her full potential. 

Natasha commented:

‘I am absolutely delighted to have finally reached a liability settlement with the Defendant after fighting this case on Laura’s behalf for over five years. Laura’s life has changed enormously as a result of the Defendant’s negligence. This admission means she will have access to funds for the rest of her life, to pay for the assistance and support she desperately needs and deserves. I also hope that raising awareness of WE by bringing this claim may avoid  similar injuries to others in the future.’

*name changed for anonymity purposes

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