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Westhill family sue NHS Grampian alleging ‘medical negligence’ over daughter’s four-year long Covid battle

Helen Goss has launched legal action against the health board, after failings in her daughter Anna's treatment and care.

Helen Goss with her daughter Anna
Helen Goss with her daughter Anna, who has suffered from long Covid for four years. Image: Helen Goss.

A Westhill family has lodged a legal claim against NHS Grampian over “multiple failings” during the daughter’s four-year battle with long Covid.

Anna Hendy, 11, has suffered from long Covid since March 2020, which has resulted in countless trips to the hospital to help get her better.

Her mum, Helen Goss, has been with her every step of the way and is now seeking damages from NHS Grampian on behalf of her daughter.

The action alleges the health board is responsible for “multiple failings” in Anna’s treatment and care.

Helen Goss
Mum, Helen Goss, is seeking legal action against NHS Grampian. Image: Helen Goss.

These include claims requests for Anna to be referred to the specialist paediatric services of immunology and neurology were denied.

It also claims no further help was offered after Anna was diagnosed with Chronic Fatigue Syndrome (CFS) and Paediatric Acute-onset Neuropsychiatric Syndrome (PANS)

In a statement to social media, Ms Goss said during those difficult times, the family “exhausted all avenues” within NHS Grampian to help Anna’s condition.

Family ‘just want Anna to get the care that she was promised’

It said: “The impact this journey has had on Anna and our family has been devastating.

“We have regularly faced medical gaslighting, dismissal and consistently been denied NHS care.

“It is regrettable that pursuing legal action seems to be the only viable option to progress and secure the healthcare that Anna urgently requires and rightfully deserves.”

Long covid can result in fatigue, shortness of breath and muscle aches, all of which impact a person’s daily life. Likely it would have greater impacts on young children.

Anna has not been able to return to school, needs the use of a wheelchair, and is often confined to her bed.

The family further claims the health board “exhibited a lack of seriousness” when dealing with Anna’s case and attempted to close the case four times without  resolution.

Anna Hendy in an NHS Grampian hospital bed with long covid
Anna Hendy has been suffering from long Covid for nearly four years. Image: Helen Goss.

It has forced the family to turn to the private sector, which has come at a significant cost.

Those services Ms Goss says could and should have been provided by NHS Grampian.

The online statement adds: “Despite repeated requests to the health board, the necessary treatment and care were consistently denied.

“The failure on the part of NHS Grampian to fulfil their duty of care has resulted in medical negligence, causing additional harm and trauma to Anna and our family.”

The family are represented by Thompson Solicitors, and the case could be the first of its kind in the world.

NHS Grampian working on new pathways for long Covid sufferers

Catherine McGarrell, who is representing the family, said: “It’s nothing to do with money, they just want Anna to get the care that she was promised.

“Anna is so much more unwell than what she would have been and they have had to seek private care because of that.”

Ms McGarrell has worked closely with Ms Goss and by bringing this case, she believed more people will also seek legal action.

“All the family want is the NHS to be educated and trained, it’s not just children and young people, it’s everyone that has long Covid.”

NHS takes steps to improve ‘treatment pathway’

NHS Grampian said it is working to create a new treatment pathway for children affected by the condition, including a new dedicated website.

While NHS Grampian cannot comment on individual cases, a spokeswoman said: “A long Covid pathway of care for children has been designed with the input of those with lived experience of the condition and is in the final stages of development, along with a new website for families.

“NHS Grampian has a Long Covid Project Board and a long Covid Paediatric Steering Group, which help to inform our work.

“We also now have a paediatric long-term Covid practitioner as well as a paediatric clinical lead for long Covid. Children who are suffering from symptoms are managed by the appropriate clinicians according to their needs.

“The team is always happy to hear from those who have experienced long Covid, as well as parents and carers, regardless of the severity of their symptoms.”