Reflecting on a ‘Never Event’: Securing Justice After a Retained Surgical Bag
As the Partner and Founder of Patient Lawyer, I frequently witness the devastating impact of medical negligence, but cases involving a “Never Event” are particularly distressing. By definition, Never Events are serious, preventable safety incidents that simply should not occur.
I had the privilege of representing a Leicestershire man who endured severe, prolonged trauma after a surgical extraction bag (a BERT bag) was left inside his abdomen following an appendectomy at University Hospitals of Leicester NHS Trust.
A Cascade of Surgical Failures
In August 2021, my client was admitted to the Leicester Royal Infirmary with appendicitis. Because his appendix had already perforated, he underwent open surgery and was discharged eight days later.
Unfortunately, this was just the beginning of a month-long ordeal. Over the following weeks, he was subjected to a cycle of severe pain, night sweats, significant weight loss, and multiple emergency hospital readmissions. Despite early CT scans revealing a large abscess and a retained section of his appendix, the Trust repeatedly failed to take decisive action.
It wasn’t until weeks later, when he was completely bed-bound and suffering from sharp stomach pains, that a final CT scan identified a foreign object in his abdomen. Exploratory surgery finally removed the retained BERT bag, alongside a 37mm inflamed segment of the appendix that the initial surgeon had left behind.
Building the Case
When I took on the investigation, it was immediately clear that the retention of the BERT bag was a glaring Never Event. To fully comprehend the scope of the negligence, we obtained the patient’s medical records and instructed an independent expert General Surgeon. The expert’s findings were damning, identifying multiple severe breaches of duty:
- Surgical Error: Failing to remove the entire appendix and leaving a 37mm inflamed segment behind.
- The Never Event: Failing to identify and retrieve the BERT bag before closing the surgical site.
- Unsafe Discharge: Sending the patient home despite grossly elevated infection markers without ensuring he was safe for discharge.
- Inappropriate Treatment: Choosing to insert a drain during a readmission rather than performing the necessary corrective surgery to remove the retained appendix.
Admitting Liability and Securing Closure
Confronted with our robust Letter of Claim, NHS Resolution formally admitted liability on behalf of the Trust, accepting that the care provided fell below acceptable standards.
To ensure my client received comprehensive compensation, we secured further expert psychiatric and surgical evidence. This confirmed that the negligence had caused an Adjustment Disorder and left him with a lifelong increased risk of hernias and bowel obstruction.
We successfully negotiated a five-figure, out-of-court settlement (tens of thousands of pounds) to compensate him for his pain, financial losses, and future risks.
While financial compensation cannot erase the trauma of fearing for his life, it has provided crucial closure.
Holding Trusts accountable is essential not just for the victims, but to ensure systemic changes are made so no other family has to endure a similar nightmare.