Allergic reaction and anaphylaxis injury claims

Anaphylaxis is a severe, life-threatening, and often sudden allergic reaction to an allergen. The anaphylactic reaction is the immune system’s overreaction to the presence of the allergen, which it tries to attack by producing inflammatory chemicals. This exaggerated response affects the whole body, causing life-threatening symptoms, such as organ failure from anaphylactic shock.

Anaphylaxis is a medical emergency which requires immediate emergency medical treatment. Adrenaline or epinephrine, if given immediately, may reverse the body’s severe reaction to the allergen and save the patient’s life.

All medical treatment should take into account what is already known about a patient’s allergies, whilst remaining alert to the risk of further allergic reactions, based on their medical history, current conditions and medication. Some areas of medicine, such as anaesthesia and radiology, routinely involve drugs and products which can cause severe allergic reactions.

Anaphylaxis is a medical emergency. The body’s severe reaction to the allergen will often affect the person’s ability to breathe, their heartbeat, blood pressure and circulation, and their level of consciousness. These are known as ‘ABC symptoms’ relating to the Airway, Breathing, Circulation and Consciousness. The patient’s condition can deteriorate very rapidly into life-threatening anaphylactic shock, which is why emergency treatment must be given at the first sign of an anaphylactic reaction.

Initial symptoms of anaphylaxis may include:

• a persistent cough;
• a swollen tongue or swallowing difficulties;
• hoarseness, difficult or noisy breathing or wheezing;
• fast heartbeat;
• skin symptoms, such as flushing, clamminess, hives or a rash;
• swelling of the skin anywhere on the body (such as, face or lips);
• abdominal pain, nausea or vomiting;
• feeling light-headed, faint or confused;
• unresponsive or unconscious.

These symptoms are caused by inflammation and swelling, which affects the patient’s respiratory system and lungs. Leakage from the capillary blood vessels into the tissues of the body creates a sudden, severe drop in blood pressure (known as shock) which affects the blood circulation and reduces the oxygen supply to vital organs. This causes organ failure, leading to kidney damage, brain injury and cardiac arrest.

Anyone who has previously experienced a severe allergic reaction or anaphylaxis will always be at risk of having further, more severe, anaphylactic reactions. Where the cause of their reaction is unknown, this is called idiopathic anaphylaxis.

People with allergies to medicines, latex, and contrast dyes (used in radiological investigations, such as scans) are at increased risk of anaphylaxis in a medical setting.

People with asthma have an increased risk of suffering respiratory distress from anaphylaxis because of the severe reaction’s effect on the respiratory system.

Allergens which can trigger anaphylaxis in a medical setting, such as during hospital treatment, include:

• drugs used in general anaesthetic;
• antibiotics, such as penicillin;
• some painkilling and anti-inflammatory drugs, (known as NSAIDs), such as aspirin;
• some vaccines;
• latex or natural rubber, which is used in surgical gloves, wound dressings, catheters and other tubes;
• contrast dyes, which are used in scans and radiology procedures to highlight areas of the body, such as a blood vessel, for tests or treatment.

Where a patient is known to be at risk of allergic reaction to medicines, latex or other allergens, alternatives can usually be used and arrangements made for their treatment to take place safely.

You should always tell any healthcare professionals involved in your treatment about your medicine allergies, as they may not be aware of them.

Anaphylaxis can lead to serious injury and disability, including from:

• Brain injury;
• Organ failure, such as cardiac arrest, kidney failure;
• Amputation or loss of limbs;
• Severe psychological injury, such as PTSD;
• Death/fatal injury.

Whilst some anaphylactic reactions cannot be predicted or prevented, patients who suffer severe injury or the families of patients who have died from anaphylaxis may be entitled to compensation if their injury arose from medical mistakes.

Examples of negligent treatment leading to anaphylaxis injury claims include:

• failing to assess the patient’s risk of anaphylaxis before their treatment, by checking:
• their past medical history, conditions (such as asthma) and current medication;
• their known allergies or risk factors;
• failing to discuss the risks of allergy or anaphylaxis with the patient;
• giving a patient medication or anaesthetic to which they were known to be allergic or had previously had an allergic reaction;
• injecting a patient with contrast dye to which they were known to be allergic;
• exposing a patient to latex or other materials to which they were known to be allergic;
• delaying or failing to recognise and treat (as an emergency) signs of anaphylaxis;
• pharmacy and prescription medication errors.

The amount of compensation that a patient can claim for injuries caused by anaphylaxis or a severe avoidable allergic reaction depends on the severity of their injury and disability and its impact on their life.

Compensation settlements in anaphylaxis injury claims may include payments for:

• pain and suffering and disability;
• care and case management;
• private medical costs;
• essential home adaptations;
• rehabilitation, therapies and psychological counselling;
• adapted vehicles, wheelchairs and prosthetics (after amputation);
• specialist equipment and assistive technology;
• SEN support with educational needs (where the injured person is a child);
• loss of earnings and pension.

In claims involving fatal injury, the dependent family may be entitled to claim the funeral costs, a statutory bereavement payment and compensation for the loss of the deceased’s income and ‘services’, such as childcare, housework, or DIY.

The law states that, in most cases, a patient who has been injured as a result of medical negligence has three years from the date of the negligence which caused the injury to issue court proceedings. If they fail to issue court proceedings within that time, their claim will be statute barred, meaning that they lose their right to bring a claim. The three-year deadline is known as the limitation period.

There are the following exceptions to the three-year rule:

• if a child is injured before they are 18, their three-year deadline expires on their 21st birthday, in other words, their time doesn’t start to run until they are 18;
• if the injured person is mentally disabled (lacks mental capacity) then their time doesn’t begin to run at all, unless their mental capacity is restored;
• where the injured person has died as a result of negligent treatment, the three-year time limit expires three years after the date of their death;
• if the injured person did not suspect or could not reasonably think they had been injured by negligence, the three-year time period will start to run when the injured person first became aware (or should have suspected) that they had been injured by negligent care;
• the court has a general discretion to extend the time limit in cases where none of the above exceptions apply, but only does so in exceptional circumstances.

Regardless of your time limit, we recommend that you contact our medical negligence solicitors as soon as you can, even if you are still only considering whether to make a claim.

By contacting us early, we can help you avoid later problems with deadlines and advise you on how to collect and preserve essential evidence, to ensure you have the best chance of securing your entitlement to full compensation for your claim.