Our client was admitted to hospital for surgery to the varicose veins on his left leg. The operation was a left sapheno-popliteal ligation and multiple avulsions.

In the course of the surgery our client suffered nerve damage to the common peroneal nerve at the popliteal fossa by cutting, avulsion or compression.

The allegations of negligence referred to the lack of accurate pre operative identification of the sapheno-popliteal junction, permitting the operation to be carried out by a junior surgeon with insufficient experience, causing damage to the common peroneal nerve, making the incision at the wrong point and failing to warn of the risk of nerve damage.

Our client underwent a tendon transfer operation in the form of a tibialis posterior transfer but was left with residual symptoms of pain and swelling and loss of mobility in the left foot which caused problems when trying to negotiate uneven surfaces.

The expert evidence was that our client was fit for a broad range of non manual work but it was accepted that a job search period should be allowed.

Liability was denied throughout and the matter was listed for a fully contested trial. At a round table meeting before the trial settlement was negotiated in the sum of £75,000.