Payout for family of man who died after botched spine op

Happier times: Dean Bircham pictured with his daughter Lauren
Paul Cheston22 October 2015

The widow of a man who died after one of his veins was damaged during a spinal operation has won High Court compensation from the surgeon.

Mother-of-five Julie Bircham said she hoped lessons learned from her husband’s death would reduce the risk of similar problems affecting others.

She said the money would help the family cope with the round-the-clock care needed for one of their children, Lauren, who has cerebral palsy.

IT worker Dean Bircham, from Roydon in Essex, had a history of back pain before he was referred to consultant orthopaedic and spinal surgeon Ahmed Hussein in 2010. He advised Mr Bircham to have an operation to his spine which took place at the Rivers Hospital in Sawbridgeworth, Hertfordshire, in September of the same year.

During the surgery a vein was damaged and Mr Bircham suffered significant blood loss. He died a week later, aged 51, when his family agreed that treatment should be withdrawn.

In an investigation by Mrs Bircham’s lawyers, Irwin Mitchell, medical experts criticised the decision to go ahead with the operation and Mr Hussein’s failure to seek help promptly from a vascular surgeon.

The High Court was told that the benefits of the operation were uncertain and the risks inadequately explained to Mr Bircham. Mr Hussein did not seek to defend the claim and Judge Peter Hughes QC approved an undisclosed amount of compensation.

Mrs Bircham, 55, has also issued a complaint to the General Medical Council. She said: “Losing Dean so suddenly has been absolutely devastating for our family. They are all still struggling to come to terms with his death.

“Lauren, who is now 16, had a close bond with her dad and the impact on her since Dean’s death has been significant. She is now rarely able to come out with us as a family as it is too difficult for me to manage her physical needs without Dean’s help.”

Mr Hussein said: “This was a tragic case for all those concerned and I would like to express my sympathy to the family for their sad loss. I hope the settlement will provide for their future care and security.”

A spokesperson for Rivers Hospital said: “Rivers Hospital would like to take this opportunity to offer its sincere condolences to Mr Bircham’s family.”