Man shocked by woman's botched NHS 'Michelin man' surgery awarded £9k

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Julie Ronayne was given £160,000 after a botched hysterectomy in 2008
She contracted peritonitis following surgery at Liverpool Women's Hospital
Husband Edward was given £9,000 for 'shock' and being 'secondary victim'
NHS fighting payout, fearing it could open the floodgates to similar claims

By Steph Cockroft for MailOnline

Published: 11:20 EST, 23 April 2015 | Updated: 13:04 EST, 23 April 2015

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A husband was left so traumatised by his wife's botched surgery that he was awarded thousands of pounds in compensation for nervous shock, despite his wife already being given a hefty payout.

In a case which could have huge financial consequences for the NHS, Julie Ronayne was awarded £160,000 after she was left 'looking like Michelin man' following the bungled hysterectomy in 2008.

Her husband Edward, who lives with Mrs Ronayne in Netherley, Liverpool, was awarded £9,000 due to the nervous shock he suffered when he saw his wife's appearance.

Edward Ronayne was given £9,000 in compensation after he claimed he suffered a psychiatric injury from seeing his wife swell up 'like Michelin man' after botched surgery at Liverpool Women's Hospital (pictured)

The severe swelling had been caused by a dangerous infection known as peritonitis, which the woman had contracted during the surgery at Liverpool Women's Hospital.

The NHS is now fighting to overturn the payout, fearing it could have disastrous consequences for the organisation.

The test case, being heard at London's Appeal Court, could set a significant precedent about who is able to claim for shock or distress following an NHS mishap.

Mr Ronayne was awarded the damages from Liverpool Women’s NHS Foundation Trust in July 2013.

Liverpool County Court heard how he had been a 'secondary victim' of the incident and had suffered psychiatric injury caused by the shock of seeing his wife's new appearance. He had described her 'colloquially as looking like a Michelin man', the court heard.

Mr Ronayne also described his wife's first two days in hospital as 'the worst days of my entire life'.

He said he had been 'brought up not to complain' but had never fully recovered from the sight. He added that he had been left feeling tearful, overwhelmed, angry and powerless.

It is unfortunately a matter of day-to-day occurrence that great emotional responses will take place in a hospital

Charles Cory-Wright QC

The judge, who described him as 'an honest and reliable witness', said: 'His symptoms...were pathological and went beyond simply the distress and anger that a man would suffer due to the near terminal illness of his wife.'

But in the appeal court today, Charles Cory-Wright QC, who represents the health trust, told the judges that nervous shock victims are normally only awarded compensation if it can be proved that they have been left with psychiatric injury.

He said Mr Ronayne's win had moved the goalposts drastically and could lead to a flood of similar claims, costing the cash-strapped NHS millions in compensation.

The barrister argued that Mr Ronayne would not have suffered a sufficient level of shock to qualify for compensation. He added that he was visiting his wife in hospital and therefore would have expected her to look unwell.

He told the court: 'Hospitals on a day-to-day basis deal with people who are ill or vulnerable. They go there followed by their loved ones. It is unfortunately a matter of day-to-day occurrence that great emotional responses will take place in a hospital.

The NHS is now fighting to overturn the payout, fearing it could have disastrous consequences for the organisation if Mr Ronayne is allowed to keep the money. The test case is being heard at the appeal court

'The question arises more and more often in cases like this as to whether those relatives have a claim.'

Stressing the importance of the appeal, he told the judges: 'This appeal is not just about this case, but the concerns NHS Trusts have about claims being brought on a secondary basis where clinical negligence has taken place.

POTENTIALLY-FATAL PERITONITIS

Peritonitis is caused by inflammation of the peritoneum, the thin layer of tissue that lines the inside of the stomach.

It is caused by a bacterial or fungal infection, which can rapidly spread around the body. Peritonitis requires immediate treatment and is a medical emergency.

Most cases of peritonitis are the result of infection or injury to another part of the body, such as a split stomach ulcer, a burst appendix or digestive disorders.

Peritonitis can be fatal and needs to be treated quickly to avoid such complications.

Source: NHS

'The effect of this judgement, if it stands, is to alter the effect of the law in secondary victim cases, as the award was made absent any evidential basis that the secondary victim suffered any psychiatric injury as a result of shock.

'Often emotional illness follows, but there is not the necessary element of shock. There needs to be a suddenly shocking event which, because of its shocking nature, causes that psychiatric illness. That is often lost in the wash in these cases.'

But Lord Justice Sullivan said the incident had no doubt been 'shocking'

'Simply going into hospital and seeing one's loved ones and family looking peaky is not enough,' he said. 'But to see one's wife looking like the Michelin man is shocking.'

Mr Cory-Wright then replied: 'If you saw your loved one looking like the Michelin man, swollen and all that, it would be shocking in an ordinary sense.

'But it would not be shocking in the sense of being suddenly overwhelmed so as to lead to psychiatric injury.'

The judges recognised the importance of the case by reserving their decision on the trust's appeal until a later date.

The case was heard in front of Lord Justice Sullivan, Lord Justice Tomlinson and Lord Justice Beatson.

Mrs Ronayne went on to make a good recovery.

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