Hodgson v Hammond & Anor (Re Quantum)(Rev1) [2025] EWHC 1610 (KB) (26 June 2025)

Hodgson v Hammond & Anor (Re Quantum)(Rev1) [2025] EWHC 1610 (KB) (26 June 2025)

The Claimant is entitled to general damages of £94,000 for pain, suffering, and loss of amenity, reflecting her chronic pelvic pain, sexual dysfunction, sub-fertility, past and likely future surgeries, and increased risk of ectopic pregnancy. Special damages are awarded for past care, travel, medical costs, and future IVF and pelvic clearance, but not for therapies or speculative future losses. The assessment balances the Judicial College Guidelines, expert evidence, and the need for full but not excessive compensation.

Citation
[2025] EWHC 1610 (KB)
Parties
Claimant: Ms Philipa Hodgson; 1st Defendant: Dr Daniel Hammond; 2nd Defendant: Dr Andre Dieleman
Jurisdiction
England and Wales
Judgment Date
26 June 2025
Procedural Posture
Clinical Negligence / Quantum Judgment Following Liability Judgment
Outcome
Claim allowed in part; damages awarded as specified.
Legal Topics
Clinical Negligence, Damages Assessment, Causation, Pain and Suffering, Fertility and IVF Costs
Tort Law Medical Negligence Clinical Negligence Damages Assessment Causation Pain and Suffering Fertility and IVF Costs

Case Brief

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Parties

Ms Philipa Hodgson

Claimant

Dr Daniel Hammond

1st Defendant

Dr Andre Dieleman

2nd Defendant

Procedural Posture

Clinical Negligence / Quantum Judgment Following Liability Judgment

Legal Issues

  1. 1 Assessment of quantum in clinical negligence claim involving chronic pelvic pain, sub-fertility, and future medical needs
  2. 2 Appropriate heads of loss for pain, suffering, loss of amenity, and special damages including IVF and surgery

Ratio Decidendi

The Claimant is entitled to general damages of £94,000 for pain, suffering, and loss of amenity, reflecting her chronic pelvic pain, sexual dysfunction, sub-fertility, past and likely future surgeries, and increased risk of ectopic pregnancy. Special damages are awarded for past care, travel, medical costs, and future IVF and pelvic clearance, but not for therapies or speculative future losses. The assessment balances the Judicial College Guidelines, expert evidence, and the need for full but not excessive compensation.

Court Disposition

Claim allowed in part; damages awarded as specified.

Orders

  • General damages for pain, suffering, and loss of amenity: £94,000 plus interest at 2% (£5,358)
  • Past care and assistance: £260