Pilates pensioner who lost arm to f lesh-eating bug ‘set for £150,000 payout’
Patricia Austin, 78, contracted necrotising fasciitis after injuring her right arm during a workout at a church hall.
She was initially told she had torn a tendon but her condition soon worsened, the High Court heard.
Her daughter called 999 after Mrs Austin collapsed at home, but a paramedic decided against taking her to A&E. They advised her to take painkillers instead, believing she had an abdominal problem.
After losing her arm, Mrs Austin sued the South Central Ambulance Service NHS Foundation Trust, claiming her limb would have been saved if she had been taken to hospital. Now a judge has awarded Mrs Austin the right to damages, which her lawyer estimated could reach £150,000, after ruling that the delay was a breach of duty owed to her. Judge Geoffrey Tattersall QC said Mrs Austin picked up the bug when she suffered a ‘relatively minor non-penetrating trauma’ during the exercise class in Aylesbury, Buckinghamshire, on August 8, 2012.
Afterwards, Mrs Austin went shopping with her daughter, carrying her bags without difficulty. But she began to suffer pain in her arm that same evening, her barrister, Richard Baker explained in a court hearing earlier this year.
Mrs Austin saw her GP after her discomfort increased, and was diagnosed with a torn tendon. However, on the night of August 9 she collapsed at home as the infection spread.
Mrs Austin’s daughter, Julie Newman, called 999 and spoke to a paramedic who visited her mother’s home but did not take her into hospital.
By the time Mrs Austin was finally admitted to Stoke Mandeville Hospital on the morning of August 10, it was too late to save her limb. The infection responsible, which is caused by bacteria that rip through the tissue beneath the skin, is notoriously hard to diagnose.
However, ruling on the case, Judge Tattersall said it was ‘not reasonable’ for the paramedic not to examine Mrs Austin’s arm, adding: ‘There were 11 hours in which she could have been diagnosed with necrotising fasciitis and received appropriate surgical treatment short of amputation.’
The case will return to court at a later date to assess how much Mrs Austin will receive in damages – unless a settlement is reached before then. The South Central NHS trust declined to comment.