Mrs E (On behalf of the Estate of Mr E, deceased) v East Sussex Healthcare NHS Trust
The claimant was brought by the widow of Mr E who raised claims under The Fatal Accidents Act 1976 and The Law Reform (Miscellaneous Provisions) Act 1934. Peter Flory took over this claim in May 2010 at which time a leading international expert in oncology, a leading legal 500 solicitor and experienced leading junior counsel had all assessed the case incapable of succeeding.
The widow's legal expense insurers were to be charged for an unsuccessful claim.
Peter Flory reviewed all of the documents in the case over the course of a working day and concluded that the case had the necessary prospects of success. He convinced the legal expense insurers to fund a fresh report from another expert in oncology and a new barrister and sacked the previous oncology expert and barrister.
Peter immediately developed a bond with Mrs E whose trust and confidence he secured from the outset.
The case turned on a failure by the urology team at the defendant Trust to follow up a routine urine test which was positive for blood in December 2004 which failure led to Mr E's death from cancer of the kidney in 2007.
There was already evidence on file (but which had been ignored by the previous advisers) that it was a breach of duty of care by the defendant Trust to fail to follow up the abnormal urine test in early 2005.
Peter was able to obtain evidence to support the allegation that had the abnormal urine test been followed up it would eventually led to the diagnosis of intra-capsular cancer of the kidney which would have led to a nephrectomy enabling Mr E to survive to his usual life expectancy.
The case was settled after the issue and service of proceedings out of the High Court in London and settled by amicable negation for the global sum of £225,000.
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