A Merseyside man´s lymphoma cancer compensation claim has been settled out of court following an admission of negligence from the NHS Blood and Transplant Unit.
Robert Law underwent a kidney transplant operation at the Royal Liverpool Hospital in 2010, but six days later during a post-mortem it was discovered that the donor, who had died from a brain haemorrhage, had lymphoma – a rare form of blood cancer that the screening of the kidney had failed to identify.
Sixty-two year old Robert from New Ferry on the Wirral was informed of the situation quickly, but his immune system was vulnerable after the kidney transplant, and the diseased white blood cells quickly spread via his blood stream. Robert underwent chemotherapy to treat the lymphoma and a biopsy revealed that the cancer was in remission.
Robert made a lymphoma cancer compensation claim against the NHS Blood and Transplant Unit, who – in 2012 – admitted responsibility for his blood cancer and issued an apology. An undisclosed settlement of compensation was negotiated to account for the NHS´s negligence and for the psychological trauma Robert had experienced on being informed of the error and throughout his treatment.
The Chief Executive of NHS Blood and Transplant – Lynda Hamlyn – repeated her apology when the settlement was announced, stating that she hoped the full and final settlement of Robert´s lymphoma cancer compensation claim will enable him to move on from what unfortunately happened. She added that new mechanisms had been introduced to prevent this tragedy from occurring again.
A second lymphoma cancer compensation claim is still in progress – Gillian Smart (52) from St Helens in Merseyside having also received a kidney from the infected donor.