Claimant is awarded £47,500 damages as a result of Clinical Negligence

Ms H -v- Taunton & Somerset NHS Foundation Trust

A routine blood test during Ms H's pregnancy on 22 August 2006 reported her blood Kell status as Kell negative. Shortly after the birth of Ms H's son on 2 November 2006, Ms H required a blood transfusion. Ms H was transfused with Kell positive blood. This was despite the earlier blood test and a letter sent to all Consultant Haematologists responsible for blood transfusions and blood bank managers on 21 January 2005 from the Clinical Director Diagnostics of the NHS National Blood Service which recommended that "...hospital blood banks select only K [Kell] negative units for transfusion to females <60 years of age...".

As a result of being given Kell positive blood, Ms H has developed an anti-Kell antibody. Whilst this causes no real problems on a day to day basis, Ms H will require intensive investigation and management during any future pregnancies as there is a remote risk, depending on the father's blood Kell status, that a child may be conceived with haemolytic disease of the foetus and newborn.

With the assistance of Pardoes Clinical Negligence team, Ms H successfully settled her claim out of court for £47,500.

Should you have a similar issue, or require advice on Clinical Negligence and Healthcare Law, please contact Daniel Isaac

Published: 9 December 2009    Author: Daniel Isaac, Partner, Clinical Negligence Team