O’Reilly Stewart Solicitors acted on behalf of a patient who suffered a life-threatening episode of Phenytoin toxicity. Following 2 planned brain surgeries in February 2017 to treat an underlying brain tumour, the patient suffered from seizures. She was prescribed anti-seizure medication, Phenytoin, in order to manage the seizures.
The patient suffered a significant deterioration in her health, with persistent dizziness, headaches, decreased mobility and vomiting. She became critically ill, slipping in and out of consciousness and she required hospitalisation in January 2018. It was appreciated during this hospital admission that the patient’s Phenytoin levels were dangerously high, and that this was the cause of her deterioration. The drug was immediately stopped, and the patient’s condition thereafter started to improve. She remained in hospital for a further week until being fit for discharge.
The patient raised a formal complaint against the Trust responsible for her care. It was appreciated that prior to this incident, no specific policies for monitoring patients on potentially dangerous drugs such as Phenytoin were in place.
Patrick Mullarkey of O’Reilly Stewart Solicitors was formally instructed by the patient to investigate the circumstances of her care in 2020. Lucy McLernon of O’Reilly Stewart Solicitors also assisted in the case investigation. Independent opinions were obtained from experts in Pharmacology and Psychology, who addressed both the physical and psychological injuries suffered by our client as a result of the Phenytoin overdose.
The matter was settled on a pre-proceedings basis by way of a negotiated settlement in June 2024. Our client received damages in the sum of £80,000 in relation to her injuries that she suffered and to compensate for the upset and distress. Our client also recovered her full costs arising from the investigation of the case.
In relation to the settlement, our client says as follows:
“Patrick Mullarkey & Lucy McLernon of O’Reilly Stewart Solicitors achieved a settlement that was beyond our wildest dreams. My husband, son, sister & I went through a horribly traumatic experience and our complaints to the Trust were falling on deaf ears. Our aim with the case was to achieve an admission of mistakes made with a view to initiating review and change in polices to ensure nobody else goes through what my family and I went through.
Mr Mullarkey & Ms McLernon understood our motivations, whilst also providing expert advice. The financial outcome is incredible and will help my family and I pay for psychological treatment and make life improvements to aid our recovery.
The team were caring, understanding and professional, far from being the ‘ambulance chasers’ I would have feared medical negligence solicitors would be. They are professional, knowledgeable, caring people who expertly sought justice and compensation for us. The amount of compensation negotiated has been somewhat overwhelming, but given time to reflect, we know it is more than justified.
Lessons need to be learned and my family and I need to heal. This settlement means we can seek professional help for the emotional damage caused, as well as providing us with the means to treat ourselves to some much needed relaxing experiences and quality time together.
We are so appreciative to the O’Reilly Stewart team for helping us move on, initiate change in a flawed system and put this terrifying experience in the past.”
