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CRPS compensation case study
Rashid instructed me almost three years ago, and his claim was settled last month. In many ways, his journey is typical of what a person with CRPS can expect as they proceed through the compensation process, and he has kindly allowed me to share his story as a CRPS compensation case study.
The accident
One morning, Rashid was cycling to work when a car failed to stop at a junction and slammed into him, knocking him to the ground. Somehow, his right wrist became trapped in the front wheel spokes. He remembers the chatter of people around him, including the apologetic car driver and the reassuring sound of an approaching siren. Somebody wanted to help him up, but he thought it best to lie still until professional help arrived.
Rashid was checked over in the ambulance and told he was fortunate to have escaped with just a few cuts and bruises. By then, his wife had arrived in their car and took him and his crumpled bike home.
Early days
Within an hour or so, the ‘adrenaline rush’ receded, and his right wrist became increasingly swollen and throbbing with pain. His wife drove him to the local hospital, where he waited in A&E for several hours before being x-rayed and reassured there were no visible fractures. Nevertheless, the increasingly severe pain led them to treat Rashid’s injury as if he had suffered a fracture. His wrist was placed in a cast and a sling, and he was discharged to await an appointment at the fracture clinic.
As the weeks passed, his pain grew worse, but it was almost two months before his appointment to remove the cast. On removal, he was immediately concerned by the appearance of his forearm and hand, which were excruciatingly painful, and he could not bear for them to be touched. However, he was reassured that this was quite a normal reaction upon cast removal and that he would quickly regain full use of the limb with physiotherapy and exercise. He was shown some home exercises, but it was another three months before his first physiotherapy appointment.
CRPS
On seeing Rashid’s arm, the physiotherapist sent for a colleague. After some questions, the colleague told Rashid that he believed he had developed Complex Regional Pain Syndrome. And whilst physiotherapy had a role to play in treating the condition, he needed assessing by a consultant in pain medicine.
Having never heard of CRPS, Rashid began researching the condition and almost immediately wished he had not! He discovered that CRPS was often referred to as the ‘suicide disease’ and read case studies of patients who had sought amputation because of the extreme pain.
Rashid’s first solicitors
Rashid approached a firm of solicitors who advertised on television to deal with his compensation claim. He was reassured when, within a fortnight, they contacted him to advise that the car driver’s insurer had admitted liability. Less reassuring was his solicitor’s admission that she had never heard of CRPS. Despite being aware of the severity of his condition and that he was currently awaiting an appointment with a consultant in pain medicine, his solicitor did not refer him to a specialist. Instead, she referred him to a GP whose CV stated their expertise was in “whiplash injuries”!
On attending the appointment, Rashid says he was in the room for less than five minutes. And when it arrived, the medical report confirmed his fears. The GP had not reviewed his medical records – and there was no mention of CRPS! Instead, he diagnosed a “soft tissue sprain” and recommended a referral for six sessions of physiotherapy. Rashid’s solicitor would not consider additional medical evidence until the GP had re-examined him following the recommended physiotherapy.
Shortly afterwards, Rashid saw a pain medicine consultant at his local general hospital who confirmed the diagnosis of CRPS, prescribed Gabapentin and referred him to the multi-disciplinary team in the pain clinic. On the same day, Rashid discovered he had lost his job due to his ongoing incapacity.
Changing solicitors
On calling to update his solicitor, she told him he would still need to be re-examined by the GP and that an interim payment was out of the question. Understandably frustrated, Rashid sought more specialist representation and found my firm.
My first telephone conversation with Rashid lasted over an hour and a half. He said speaking to a solicitor who understood CRPS was a huge relief. I was happy to take over his claim, and we agreed a short action plan to move his claim forward.
Over the coming weeks, I obtained, collated, and reviewed his full medical records, instructed relevant medical experts, and took detailed witness statements from Rashid, his wife, friends, and former colleagues. These were crucial in clearly showing how the accident had changed his life. And to Rashid’s immense relief, I successfully obtained an interim payment from the car driver’s insurer.
Despite treatment, Rashid’s symptoms did not improve and, if anything, were deteriorating. Accordingly, our pain medicine specialist recommended assessment for a Dorsal Root Ganglion Stimulator. Although his treating specialist was sympathetic to this recommendation, he advised that the NHS waiting list was more than two years. However, after a considerable battle, we secured further interim funds to enable Rashid to undergo the procedure privately. He was delighted with the outcome, as the ‘stim’ has resulted in a 50% improvement in his pain score. That has enabled Rashid to obtain some part-time employment working from home, which, he says, has “saved my sanity!”
I’m delighted for Rashid that his claim has settled for £820,000. Although he has had to come to terms with living with CRPS, he says it’s a huge relief to know that he and his family are now financially secure.