$7m payout for brain damage – The West Australian

A father who was left severely brain damaged after Royal Perth Hospital doctors failed to act in a timely way to diagnose and treat his bacterial meningitis has been awarded more than $7million in damages.

In a judgment handed down in the District Court last week, Judge Patrick ONeal ruled Peter Panagoulias was entitled to the multimillion-dollar payout after finding failures by hospital staff left him with disabilities that are properly described as tragic.

Mr Panagoulias was diagnosed with a brain tumour in 2005 and, while it was benign, he had surgery in 2006 to have it removed.

According to the judgment, the first surgery, at Mount Hospital, was unsuccessful in removing the entire tumour and Mr Panagoulias went under the knife again in September 2007.

During that procedure, neurosurgeon Emil Popovic nicked Mr Panagoulias carotid artery, causing a major bleed, and the surgery was abandoned.

The bleed was treated, but over the next three weeks Mr Panagoulias, then 40, complained of headaches and a constant discharge from his nose.

On October 6, he presented to the RPH emergency department with a severe headache.

Despite doctors suspecting he may have had bacterial meningitis, Mr Panagoulias was not given antibiotics until 7 hours later.

By then, he had suffered an irreversible brain injury.

Mr Panagoulias now requires supportive care for the rest of his life and lives in a nursing home interstate.

At a trial in March, lawyers for his wife Fiona accused RPH doctors of failing to exercise proper care in diagnosing and treating the infection.

Judge ONeal ruled in the couples favour, finding RPH staff breached the duty owed to the plaintiff by failing to act in a timely way to diagnose and treat the bacterial meningitis.

I find that it should have been apparent to any reasonably competent medical practitioner, given the plaintiffs history and presentation ... that there was a high probability that he was facing a serious medical emergency and that harm would occur if care were not taken in his treatment, he said.

Judge ONeal awarded Mr Panagoulias more than $4.5 million in damages for his future needs and $425,000 in general damages for pain, suffering and the loss of amenities of life.

He also awarded more than $2 million in special damages and took account of his future earnings as an accountant.

The breach of duty by the staff ... transcended mere negligence, the judgment said.

Mrs Panagoulias also tried to sue Dr Popovic, who died in 2011, alleging he failed to advise his patient to seek emergency treatment for what turned out to be a symptom of meningitis.

However, Judge ONeal dismissed the claim.

Lawyer Karen Jarman, speaking on behalf of Mrs Panagoulias yesterday, said that the case was never about finances but a pursuit to ensure that hospitals are answerable for their errors.

For Mrs Panagoulias, this fight is about ensuring that no family has to endure the tragic outcome that they will continue to live through, Ms Jarman said.

An East Metropolitan Health Service spokeswoman said: Given the complexity of the case, the judgment is currently being reviewed ... and therefore it is inappropriate to comment.

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$7m payout for brain damage - The West Australian