Gregory wins $17 million after hospital delay causes catastrophic brain injury

Gregory wins $17 million after hospital delay causes catastrophic brain injury

Gregory

When Gregory* was admitted to a public hospital in November 2016 with an infected brain shunt, the hospital’s staff identified that his External Ventricular Drain (EVD) had become blocked — a life-threatening emergency requiring urgent surgery. A CT scan confirmed dangerous fluid build-up in his brain, and an operating theatre was available at the time. Despite this, Gregory’s surgery was delayed for hours while his condition continued to deteriorate. During that delay, Gregory suffered a catastrophic cerebral injury.

To build a successful case, we needed to establish that the hospital breached its duty of care by failing to treat Gregory’s blocked EVD promptly and by making a series of critical errors in his management that evening.

We gathered evidence showing Gregory’s deteriorating neurological condition — including reduced EVD output, worsening headaches, vomiting, and rapid ventricular enlargement visible on CT imaging — required immediate surgery. Our lawyers then demonstrated that hospital staff inadequately monitored Gregory, did not perform a full neurological assessment, incorrectly categorised the urgency of his surgery, and allowed the treating consultant to leave the hospital at a time when Gregory required emergency surgery.

We then worked with our national network of medical experts to prove that Gregory’s cerebral injury was sustained during the delay between the identification of the blocked EVD and his eventual surgery. Gregory, who was just 12 years old at the time, was left with devastating and permanent consequences, including acquired cerebral palsy, severe cognitive and speech impairment, cortical vision loss, total loss of function of his right hand, bowel and bladder incontinence, and a lifelong need for 24-hour nursing and support care.

Ultimately, we secured a $17 million settlement for Gregory and his family, plus additional amounts for funds management and costs. The settlement provides for Gregory’s lifelong nursing care, rehabilitation, medical treatment, assistive supports, lost earning capacity, and long-term quality of life needs.

*Name has been changed to protect our client’s privacy.

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