Claim against NHS Direct for misdiagnosis and treatment of swine flu

Case studies

Claim against NHS Direct for misdiagnosis and treatment of swine flu


We settled a claim for substantial damages against NHS Direct following the misdiagnosis of swine flu and the wrongful prescription of Tamiflu by an NHS Direct call centre set up specifically to deal with swine flu.

The claimant, who was suffering from a common cold, suffered a severe reaction to the Tamiflu known as Stevens–Johnson syndrome (SJS). It was initially misdiagnosed as scarlet fever and led to toxic epidermal necrolysis (TEN). This consisted of the blistering and loss of skin over the entirety of her body including her eyes and tragically led to the loss of her sight.

Settlement was reached a week before trial.


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Penningtons Manches Cooper LLP is a limited liability partnership registered in England and Wales with registered number OC311575 and is authorised and regulated by the Solicitors Regulation Authority under number 419867.

Penningtons Manches Cooper LLP