We helped Ian* claim compensation after he wasn’t provided with the right information about the donor kidney he was receiving.
What happened to Ian?
Ian was diagnosed with IgA nephropathy (Berger's disease) in 2013. At the time of his diagnosis, his Glomerular Filtration Rate (GFR) was 34.
He was advised that he would need a kidney transplant; however, this was delayed when he developed bladder cancer.
In August 2019, six months after starting dialysis, Ian was offered a new kidney. The donor was 25 years older than him, but the kidney was a good match, with low risk of rejection and so he was advised to accept it. Ian signed a consent form and decided to take the kidney, although he felt rushed into a decision.
After the surgery, his creatinine levels didn't fall, and a biopsy showed borderline rejection. Following the transplant, Ian’s kidney has performed poorly, and this has resulted in him suffering with ongoing extreme fatigue. As a result of this, it is likely Ian will require a kidney transplant earlier than he would have done had it not performed poorly since transplantation.
How has this impacted Ian?
Ian works in the emergency services and, while on dialysis, Ian was able to continue working to a high level. However, because his transplanted kidney performed poorly and caused significant fatigue, it had a significant impact on his life.
In addition, he suffered significant psychological injuries associated the circumstances of his case.
How did Irwin Mitchell help Ian?
Ian first contacted us in December 2019 and was referred to our medical negligence team. Thomas Riis-Bristow, a Solicitor in the team, managed Ian’s claim.
Thomas started his investigation by reviewing Ian’s medical records. We also approached a Consultant Nephrologist and a Consultant Renal Surgeon to give their independent expert opinions.
Within the legal claim, the appointed medical experts advised that Ian should’ve been offered more detailed advice about the donor kidney he was accepting and the risks associated with accepting the same.
If Ian had been provided with this information, he wouldn’t have accepted the kidney and would’ve had the opportunity to wait on the transplant list for a more suitable kidney, which would’ve both performed-well and lasted longer before a further transplant was needed.
Our team also consulted with a Consultant Psychiatrist and a Care Expert to obtain expert opinions on Ian’s future needs.
We initially sent a Letter of Claim to the Trust in August 2021, and they denied liability. A court date was set, and we exchanged evidence with the Trust, including our independent expert opinion.
A settlement meeting was arranged for July 2025, during which we were able to settle the claim. Thomas was able to settle Ian’s claim for a substantial six-figure amount.
Expert opinion
On Ian’s claim, Thomas said: “The medical evidence we obtained from the independent experts in this case was that Ian wasn’t provided with the right level of information to allow him to make an informed decision about the donor kidney he was accepting.
“Further, this failure resulted in him accepting a kidney without a full understanding of the risks associated with doing so. This has had a massive impact on his life.
“No amount of money will make up for this failure; however, he can now try to move forward with his life while he awaits another kidney transplant.”
*Not real name used.
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