Darryl Allen KC

Clinical Negligence

Darryl is regularly instructed to advise and represent patients and their families in clinical negligence claims. His caseload covers a wide spectrum of medical accidents, including delayed diagnosis of cancer, delayed diagnosis of infant brain tumour, surgical errors, birth trauma, hospital acquired infection, management of infant and grown up congenital heart conditions, and community management of diabetes and diabetic complications. He has successfully represented patients in a number of cases of hospital acquired MRSA infection, securing substantial payments of damages at Joint Settlement Meetings. Recommended leading barrister in clinical negligence (Chambers & Partners and legal 500).

Illustrative work

JM v. East Lancashire Hospitals NHS Trust – Represented Claimant who suffered cerebral palsy as a result of negligently managed labour and delivery (with Raymond Machell QC). Settlement of £1.425m lump sum plus PPO of £290,000. Substantial proportion of the full accommodation purchase costs recovered in response to Claimant’s challenge to the application of Roberts v. Johnstone in this case where the Claimant’s life expectancy was extremely short.

(1) Morris and (2) Gent v. The Royal Cornwall Hospital NHS Trust (HHJ Cotter QC) – Successfully

represented Claimants at five day trial arising out of negligent failure to diagnose appendicitis during pregnancy leading to premature delivery and death of baby; “nervous shock” and psychiatric injury.

JW v. Lancashire Teaching Hospital NHS Foundation Trust – Represented Claimant who suffered spinal cord injury following negligent performed spinal anaestheitc. Liability compromised at JSM. Quantum ongoing.

PH v. Central Manchester University Hospitals NHS Foundation Trust – Represented Claimant who suffered compartment syndrome and profound lower leg neurological injury as a result of negligently performed ACL reconstruction surgery. Lump sum settlement of £775,000 with provisional damages order in respect of future risk of amputation.

VT v. Various NHS Trusts – Represented the estate and dependants of patient who took his own life following failures to provide medical care, psychiatric support and alcohol dependency support/treatment by various agencies. Settled at mediation. Approved settlement in respect of claims by infant dependants.

MS v. D NHS Trust – Represented Claimant in claim arising out of negligent failure to diagnose evolving cauda equina syndrome. Lump sum settlement of £1.6m

DG v. Royal Bolton Hospital Foundation NHS Trust – £1m (approx) lump sum plus step PPO (£17,500/£60,000) settlement arising out of negligent failure to diagnose and treat spinal abscess resulting in incomplete tetraplegia.

KT v. AS – Represented Claimant who developed grossly disabling chronic pain syndrome as a result of negligently performed lumbar disc replacement surgery (with David Allan QC). The Claimant was severely disabled and wheelchair dependent. Lump sum settlement of £3.9m (net of liability compromise).

MR v. Wrightington, Wigan & Leigh NHS Trust – Negligent management of anticoagulation resulting in stroke and hemiparesis. Significant issues as to causation and extent of injury in elderly claimant with pre-existing health problems. £250,000 lump sum settlement.

PR v. Salford and Trafford Health Authority – £625,000 settlement arising out of negligent historical failure to correct club foot deformity (1978) resulting in below knee amputation.

Holly v. O’Malley & Ors (Elias J.) – £500,000 settlement arising out of failure to diagnose and treat diabetic retinopathy leading to complete loss of vision for construction worker.

M v. North Cheshire NHS Trust and Another – Delayed diagnosis and treatment of breast cancer – Reduced life expectancy – Successful recovery of damages for loss of parental and domestic services during ‘lost years’ – £400,000 recovered.

Chiles v. Bolton Hospitals NHS Trust – Negligent management of ‘grown up congenital heart condition’ in pregnancy – Fatal Accidents Act claim on behalf of widower and two children – £400,000 settlement.

RL v. Barnet & Chase Hospitals NHS Trust – £330,000 settlement arising out of hospital acquired MRSA infection (liability denied).

PM & Anor v. North Cheshire Hospitals NHS Trust – Maternal death following negligently performed amnioscentesis – Fatal Accidents Act claims on behalf of widower and child, and maternal mother (nervous shock) – £250,000 recovered.

FO v. Blackpool Fylde & Wyre Hospitals NHS Trust – £115,000 settlement arising out of hospital acquired MRSA infection (liability denied).

Rosario v. St George’s Hospital NHS Trust – Failure to warn of risks associated with Botulinum Toxin treatment of recurrent temporo-mandibular joint dislocation – anxiety and depression – Judgment for claimant following 5 day trial.

DW v. University Hospitals of Morecambe Bay NHS Trust – Delayed diagnosis of post-partum haemorrhage at midwife led maternity unit resulting in hysterectomy and psychiatric injury – £82,500 recovered.

PW v. Pennine Acute Hospitals NHS Trust – Negligent nursing care leading to Grade 5 pressure sore – £75,000 recovered.

Sample current cases

Multiple cases arising out of delayed diagnosis and treatment of evolving cauda equina syndrome.

Negligent performance of spinal anaesthetic leading to paraplegia.

Negligent failure to diagnose and treat aortic dissection leading to death of young mother in early post-natal period. Substantial and complex dependency claims on behalf of surviving spouse and children.

Failure to diagnose central venous thrombosis in patient undergoing chemotherapy for leukaemia. Representing family of deceased patient; “nervous shock” and secondary victims.

Mismanagement of labour resulting in cerebral palsy.

Failure to identify and treat maternal infection leading to cerebral palsy.

Delayed diagnosis and treatment or retinopathy or prematurity resulting in significant loss of vision

Negligent hip replacement surgery.

GP failure to refer patient presenting with obvious neurological symptoms and complaints resulting in delayed diagnosis of brain tumour.

Various claims arising out of negligent care in residential/nursing care homes resulting in severe pressure sores.

Mismanagement of labour resulting in profound brain damage to child leading to death in early life; psychiatric injury to mother and father as secondary victim.

Claim against EU plastic surgeon for negligent cosmetic surgery: loss of career as successful model.

Failure to diagnose congenital hip displacement.

Delayed diagnosis of infective arthritis in infant claimant resulting in significant hip deformity and major leg extension and reconstructive surgery. Liability eventually conceded after exchange of expert evidence. Quantum yet to be tried.