Annabel Darlow KC (Sitting as a Deputy High Court Judge) :
If the application for a further interim payment of £500,000 was approved by the court, the total interim payments will amount to £2,066,000.
The Defendant supports the Claimant’s wish to live in her own home. However, it disputes aspects of the Claimant’s Provisional Schedule of Loss and raises a number of concerns, including as to the past management of the Claimant’s financial affairs.
Brief Factual and Procedural Background
The claim arises from the treatment of the Claimant, Miss Louise Hill, for multiple sclerosis (‘MS’), by the Defendant, the East Kent Hospitals University NHS Foundation Trust. The Claimant was born on 4 August 1969 and is now aged 55. The Claimant was diagnosed with MS in 2011, when aged 42. In 2012, she was further diagnosed with relapsing remitting MS. As part of her treatment by the Defendant, she was commenced on Tysabri infusions in 2012. Whilst entirely appropriate for the treatment of MS, there is a recognised risk that these can lead to the development of damage to the brain tissue in the form of progressive multifocal leukoencephalopathy (‘PML’).
The Claimant received serial MR Imaging, to safeguard against this risk. Careful review of the Imaging is required to identify any changes which might indicate the beginning of PML, so that the infusions may be ceased before lasting injury is caused. In 2017, there was a failure by the Defendant to appropriately interpret the MR imaging and to identify an abnormality disclosed in the imaging. Further Tysabri infusions were administered, when they should have been ceased. As a result, the Claimant developed PML that caused left-sided paralysis. In January 2018, she was admitted to the Defendant’s hospital. Her condition worsened and she developed seizures. On 8 March 2018, she was discharged back to her own home. The configuration of her home and the limited provision of care resulted in her developing bed sores and she was re-admitted to hospital after six weeks. On 23 July 2018, the Claimant was discharged to Strode Park Nursing Home with a publicly funded package of care, where she has remained as an inpatient until the present day.
A letter of claim was sent in February 2019 and on 6 November 2019, liability was admitted by the Defendant. Proceedings were issued on 9 January 2025 and on 4 February 2025, an agreed Order for Judgment was sent to the Court for approval and sealing; this was done on 9 May 2025. The tr
