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You are here: BAILII >> Databases >> England and Wales High Court (King's Bench Division) Decisions >> Hodgson v Hammond & Anor (Re Quantum)(Rev1) [2025] EWHC 1610 (KB) (26 June 2025) URL: https://www.bailii.org/ew/cases/EWHC/KB/2025/1610.html Cite as: [2025] EWHC 1610 (KB) |
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KING'S BENCH DIVISION
Strand, London |
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B e f o r e :
Sitting as a Judge of the High Court
____________________
MS PHILIPA HODGSON | Claimant |
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| - and - |
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(1) DR DANIEL HAMMOND(2) DR ANDRE DIELEMAN | Defendants |
____________________
Mr Tom Gibson (instructed by Weightmans) for the 1st Defendant
Ms Nicola Campbell-Clause (instructed by MDU Services) for the 2nd Defendant
Trial dates: 12, 13, 14, 15, 16 and 20 May 2025
Judgment provided in draft on 22 May 2025
____________________
Crown Copyright ©
Her Honour Judge Melissa Clarke:
A. Introduction
Hodgson,
a patient at the Brighton Station Health Centre against two general practitioners, Dr Daniel
Hammond
and Dr Andre
Dieleman.
I handed down judgment on breach of duty on 20 May 2025 (
Hodgson
v
Hammond
&
Dieleman
[2025] UKHC 1261 (KB)) in which I found that each of the Defendants was liable in negligence (causation no longer being disputed) and this judgment should be read in conjunction with that. I will not repeat the matters which are set out in that judgment, save that I will expand on my summary of the experts' agreed position on causation as I consider it provides the background to understand condition and prognosis, and is relevant to my consideration of quantum.
B. Claimant's evidence
C. Expert Witnesses – Causation and Condition and Prognosis
D. Experts' evidence
Causation
i) initial tubo-ovarian abscess
ii) development of hydrosalpinx
iii) loss of her left fallopian tube
iv) laparoscopies on 5 January 2017 and 24 April 2018
v) further abscess in July 2019
vi) They agree that she would have developed adhesions, but less severe and extensive and these would have caused her to have a lower risk of developing chronic pelvic pain and dyspareunia.
Condition
Prognosis
Surgical interventions
Adhesiolysis
Pelvic clearance/hysterectomy
In vitro fertilisation (IVF) treatment
Alternative therapies
E. Determination of Quantum
General Damages
"(a) Infertility whether by reason of injury or disease, with sexual dysfunction, severe depression and anxiety, pain and scarring. The upper end will be in cases with significant medical complications, e.g. following failure to diagnose ectopic pregnancy, and in a younger person. (£140,210 to £207,260)
(b) Sexual dysfunction, which is likely to be permanent in the case of a person with children or who would not have had children in any event. The upper end will include cases with significant medical complications, e.g. ectopic pregnancies or multiple surgeries. (£52,490 to £124,620)
(c) Infertility with no aggravating features and no sexual dysfunction in a young person without children. (£68,440 to £87,070)
…".
"(a) Severe. In these cases, significant symptoms will be ongoing despite treatment and will be expected to persist, resulting in adverse impact on ability to work and the need for some care assistance. Most cases of fibromyalgia with serious persisting symptoms will fall within this range. £51,410 to £76,870.
(b) Moderate. At the top end of this bracket are cases where symptoms are ongoing, albeit of lesser degree than in (i) above and the impact on ability to work/function in daily life is less marked. At the bottom end are cases where full, or near complete recovery has been made (or is anticipated) after symptoms have persisted for a number of years. Cases involving significant symptoms but where the claimant was vulnerable to the development of a pain disorder within a few years (or 'acceleration' cases) will also fall within this bracket. £25,710 to £46,970."
Past Losses
Past Care and Assistance
Past Travel Expenses
Past Medical costs
Past Therapies
i) yoga sessions in 2019 and 2020. The Claimant says these helped her become more flexible, less inflamed and calmer;
ii) acupuncture session in 2019, to help with management of her ongoing symptoms and anxiety;
iii) abdominal massage to help with management of her ongoing symptoms of abdominal pain.
Past Miscellaneous Expenses
Future Losses
Future Medical Treatment
Hodgson can just rely on analgesia. Her pains typically settle fairly quickly and she seems to cope without any treatment. However, she needed to take codeine during the recent flare in July – September 2023". I consider that it is very unlikely that she will have adhesiolysis treatment, and that in any event if she does, that it will be reasonable to have such treatment privately. She has been referred to, and will in my judgment be best served in, the NHS at a tertiary endometriosis centre where she will be under the care of a specialist multidisciplinary team as described by Mr Raine-Fenning. I make no award for adhesiolysis.
Future Therapies
Future Care and Assistance
Future Travel Expenses
F. Summary
| General Damages | Damages for PSLA £94,000 plus interest at 2% being £5,358.00 | Para 44 and 45 |
| Special Damages - Past | ||
| Past care and assistance | £260 (inclusive of £35.18 interest) | agreed |
| Past travel | £315 plus interest at £23.23 | Para 47 |
| Past medical costs | £146.39 (inclusive of £10.90 interest) | agreed |
| Past therapies | £0 | Para 50 |
| Past miscellaneous | £25 plus interest at £1.71 | Para 52 |
| Special Damages - Future | ||
| Future medical treatment | £21,933.25 £7,280 (£8,000 x 0.91) pelvic clearance |
Para 58 Para 59 |
| Future therapies | £0 | |
| Future care and assistance | £2,262.95 | Para 69 |
| Future travel | £75.44 | Para 71 |