Boy Awarded £4.8 Million Compensation for Avoidable Renal Failure

A boy of ten has been awarded £4.8 million compensation for an avoidable renal failure after a hearing at the High Court in London

The claim was compensation was made against the Cromwell Hospital in Kensington by the mother of Lucas Tupenny – who had been born at the hospital in January 2004 with a bowel defect. Lucas´ bowel defect was treated by surgeons conducting a colostomy procedure, but during his recovery Lucas went into septic shock and suffered a renal failure.

Lucas had to be placed on a dialysis machine at the age of six months and a year after his birth underwent a kidney transplant. In the subsequent nine years Lucas (now ten years of age) has undergone 28 further operations and spent 149 nights in hospital. His doctors say that future surgery and another kidney transplant is inevitable.

Through his mother – Therese – Lucas made a compensation claim for an avoidable renal failure – alleging that the septic shock was brought on by a breach in the hospital´s duty of care. The hospital admitted liability on 2012 and negotiations commenced to determine how much compensation for an avoidable renal failure Lucas would be entitled to.

At the High Court in London, Judge Richard Parkes heard that an agreement had been reached for £4.8 million and was told by Lucas´ mother “we absolutely think the amount is fair. Lucas has a chronic medical condition and he will need treatment for all his life”.

The judge also watched a video which told the story of Lucas´ life and the challenges he had faced. Lucas was described in court as “enthusiastic, optimistic, energetic and very sociable little boy” and, when the judge enquired after his health, Lucas replied “Good, your Lordship”.

Judge Parkes also heard that Lucas now lives with his mother in Seattle after his parents had divorced. The judge approved the £4.8 million settlement of compensation for an avoidable renal failure and wished the family well – commenting that Therese had shown extraordinary devotion to her son throughout some difficult years.

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