A young boy´s claim for renal injury compensation has been settled at the High Court in London after Judge Richard Parkes approved a settlement of £4.8 million.
Lucas Tupenny – formerly living in Ruislip, Middlesex – was born in January 2004 at the Bupa Cromwell Hospital in Kensington suffering from a bowel defect. Lucas underwent a colostomy procedure but, due to the negligence of the hospital staff, he suffered a septic shock and his kidneys failed.
Lucas underwent dialysis treatment when he was six months old and, at the age of one year, had a kidney transplant operation – the kidney coming from his father Brock. At the age of ten, Lucas has undergone 28 operations and spent 149 days as a hospital inpatient. His doctors say that he will need a further kidney transplant in the future.
Lucas´ mother – Therese – made a claim for renal injury compensation on behalf of her son against the hospital. In 2012, the hospital admitted liability for Lucas´ injuries and apologised unreservedly. Settlement of the claim for renal injury compensation was delayed until a study of Lucas´ future needs was completed and, earlier this year, a figure of £4.8 million was negotiated.
At the High Court in London, Judge Richard Parkes was shown a video illustrating the challenges that Lucas and his mother had overcome due to his condition. Judge Parkes told Therese that she had shown extraordinary devotion to her son throughout some difficult years and asked Lucas how he was feeling now. Lucas replied “Good, your Lordship”.
Therese explained that “we absolutely think the amount is fair. Lucas has a chronic medical condition and he will need treatment for all his life”. The judge was also told that Lucas now lives with his mother in Seattle, his parents having divorced. Judge Parkes approved the settlement of compensation for a renal injury and wished the family well.
Speaking after the claim for renal injury compensation had been resolved, a spokesperson for the Bupa Cromwell Hospital commented that the company did not own the hospital at the time that Lucas was born. He said that Bupa inherited the liability for the case, and that the claim for renal injury compensation had been handled by the previous owner´s insurance company.