Ian Paterson: High Court approves £37m compensation for 750 victims of jailed breast surgeon

The victims of a breast surgeon who was jailed for 20 years for mutilating and wounding his patients have been awarded £37m compensation.

A High Court judge paid tribute to around 750 women and men who will receive a portion of the settlement for their treatment at the hands of Ian Paterson.

Some patients were diagnosed with breast cancer that did not exist, causing them to undergo unnecessary surgery – sometimes repeatedly – while others underwent incomplete mastectomies that caused the recurrence of cancer.

The 59-year-old, from Altrincham in Greater Manchester, also failed to obtain patients' informed consent for invasive procedures and left many needing substantial corrective surgery.

Mrs Justice Whipple praised the “resilience” of hundreds of Paterson’s patients at a hearing approving the £37m settlement.

She added: “He was their doctor, their surgeon, and they trusted him. He betrayed that trust.

“The physical pain and emotional anguish they have suffered in consequence cannot be understated. I pay tribute to their resilience in the face of such adversity.”

Justice Whipple said that the compensation payments, averaging at £49,600 per patient, “will not eradicate the wrong done to them”, adding: “Nor, I suspect, can the claimants simply move on as if nothing had happened; the consequences of Mr Paterson’s mistreatment will remain with them for years into the future.

“But I hope that the money they will receive under this settlement will go some way towards making their lives easier. I wish them all the very best.”

The approval proceedings in London formally ended litigation that was due to go to a lengthy trial next month.

Lawyers for claimants said the settlement was long overdue after a five-year struggle by Paterson's private patients to win their “battle for justice”.

Rachel Butler, one of the victims, said: “It is a relief that we will now receive some form of compensation for the hell we've been through.

"We now need to see a complete change in the private healthcare sector to make sure no-one ever has to wait this long for justice again."

Paterson was struck off the medical register in July, after being jailed for 20 years on 17 counts of causing grievous bodily harm and three counts of wounding with intent against 10 private patients.

The breast surgeon was appointed as consultant at Solihull Hospital in 1998, which became part of the Heart of England NHS Foundation Trust (HEFT).

He also carried out surgery at private hospitals owned by Bupa from 1993 and then Spire Healthcare from 2007 onwards.

Both the NHS and Spire suspended Paterson in 2011 and a number of his patients sue but both management teams were criticised in subsequent reports on their handling of complaints.

Over the past six years, Paterson’s patients have been informed that their treatment had been defective, with some advised to undergo further surgery or regular checks.

His criminal trial heard from nine women and one man who were treated in the private sector at Little Aston and Parkway Hospitals in the West Midlands between 1997 and 2011.

Paterson was originally jailed for 15 years in May, but that ”unduly lenient“ term was upped to 20 years by Court of Appeal judges in August.

His victims also included many patients in the NHS, which has so far paid more than £17m in compensation in relation to their claims.

Justice Whipple ordered that other victims will be able to make compensation claims until next October.

She said the claimants named in the case had been among Paterson’s private patients and accused him of negligence.

“They also allege failings by HEFT and Spire in permitting Mr Paterson to continue to work as a breast surgeon because each organisation [so they argue] knew or ought to have known that he was not competent in his practice and each had failed adequately to supervise and monitor his practice, or investigate complaints about him,” the judge added.

“Although Mr Paterson has admitted liability [at least in most of the lead cases], neither HEFT nor Spire have done so. “

Contributions to the £37m fund were not detailed in court but it has been announced that Spire Healthcare, which runs private hospitals in the West Midlands where Paterson worked, will contribute £27.2m to the total.

A further £10m is to be provided by Paterson's insurers and his former employers at HEFT.

Spire Healthcare said the court order ”brings to a conclusion all current and known claims from patients against Spire Healthcare and its co-defendants, and will result in the establishment of the Ian Paterson (Liability to Private Patients) Compensation Fund which, in addition to providing compensation in relation to known claims, will be available to compensate any further patients who notify a claim prior to 30 October 2018.”