£12,500 awarded following Botox with used needle
The female Claimant was awarded damages of £12,500 in a Botox compensation claim following treatment with a used needle.
The Claimant was aged 29 at the time of the accident when she was receiving Botox treatment for excess sweating. She was injected by a nurse employed by the Defendant using a needle which had already been inserted into the arm of the previous patient.
Details of injury
The error was not realised during the treatment and it was not until the Claimant received a telephone call later that day that she became aware. On attending the Sexual Health Clinic the Claimant was given an accelerated Hepatitis B vaccine and was advised that the risk of transmission of HIV was fairly low.
The Claimant suffered an acute stress reaction and a chronic needle phobia. It was also alleged that the stress she had suffered as a result had aggravated her symptoms of Crohn's disease.
Having told her family and partner about what had happened, and that there was a risk of her having contracted a blood borne infection, her sexual relationship with her partner was affected. She also commented that she would often feel dirty.
She had a number of blood tests all of which confirmed there were no infections. The Claimant's anxiety was increased by the regular blood tests as this required the insertion of needles. She underwent tests for a year after the accident before finally being given the all clear.
The Claimant's fear of needles included a fear of them not being opened in front of her. This became a significant problem as she still had to undergo regular blood tests in respect of her Crohn's disease. At the date of settlement this was still an issue and experts advised that she would require exposure therapy. A full recovery following treatment for this was expected.
The Claimant also alleged that the stress as a result of the incident had led to a flare up of her Crohn's disease. An expert gastroenterologist confirmed that the stress had indeed aggravated her symptoms for the period that she suffered a stress reaction. This had also contributed to her adjustment order.
Conclusion and Settlement
She made a full recovery within 15 months of the incident save for the needle phobia. It was expected that this would fully resolve with treatment.
An out of Court settlement was agreed for £12,500. This was made up of £9,000 for pain, suffering and loss of amenity, £1,800 for past emotional support and £1,700 for future travel expenses and treatment.