Value of Claim for the Failure to Remove an Appendix Contested by NHS

The NHS is contesting the value of a claim for the failure to remove an appendix, made by a woman who was left infertile when her appendix burst.

In 2008, Sarah Marquis visited her GP complaining of severe abdominal pain. Sarah was admitted to Homerton Hospital in East London, where doctors treated her with painkillers for three days and overlooked that Sarah needed an emergency operation to remove her appendix. When the appendix was eventually removed, it was “gangrenous and perforated” and had burst – causing a severe abdominal infection that left Sarah infertile.

Due to her illness, Sarah took the next three-and-a-half years off from her £65,000 per year job with top London lawyer firm DLA Piper. She made a claim for the failure to remove an appendix in a timely manner against the Homerton University Hospital NHS Foundation Trust. The NHS Trust admitted liability for her injuries, but disputed the £1.5 million compensation Sarah was claiming – arguing that the value of her claim for the failure to remove an appendix was closer to £300,000.

The case is currently being heard at the High Court in London, where Judge Robert Owen QC was told that Sarah had to forgo opportunities to live and work in the USA because of the consequences of the hospital´s negligence. It was claimed that her earnings would have been considerably higher in the States, and that her dream of naturally conceiving a child with her partner had been taken away from her.

The NHS Trust´s barrister – Bradley Martin – read out an apology to Sarah in which it was acknowledged that hospital negligence had been responsible for her injuries. However, Mr Martin then questioned whether Sarah´s “burning desire” to have children would have overridden her desire to progress her career in the USA – or vice versa – and contested that she would have had one or the other of her desires come true – but not both.

The hearing into the contested claim for the failure to remove an appendix continues.