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Legal 500 (2013)
£45,000 recovered for ruined holiday and long term illness after a stay at the El Dorado Royale Hotel, Mexico in 2006
Irwin Mitchell represented a couple in a compensation claims after they holidayed at the El Dorado Royale Hotel in Mexico in 2006. They travelled with holiday company First Choice. One of them fell ill with diarrhoea and vomiting symptoms. It later transpired that she had contracted salmonella as a result of consuming contaminated food supplied by the hotel.
Our client suffered abdominal pain, diarrhoea and vomiting, hot and cold flushes, sweats and shivers. She quickly became so ill that she had to be hospitalised. She was forced to pay $600 before she could be taken by ambulance to the local accident and emergency department.
She was admitted to hospital with suspected food poisoning where she was advised that the salmonella infection had spread to her gallbladder, which could burst at any moment. She had to undergo an emergency operation to remove her gallbladder, but she then developed complications as a result of the operation and was put on a life support machine. Our client was in a lot of pain and feared that she would die. The whole experience was extremely traumatic for her, and she felt isolated, alone and afraid in a foreign country where there was a significant language barrier.
Our client began to improve slowly but was left in a significant amount of pain following the operation. She was very weak and after flying back to the UK on a scheduled flight she was admitted to a hospital in Glasgow overnight for observation and treated for deep vein thrombosis. As a result of continuing abdominal pain and fatigue following the removal of her gall bladder, she was absent from work for three months on her return from Mexico.
Since the holiday our client has continued to suffer with back and abdominal pain and suffers from debilitating fatigue which has affected her day-to-day life. Our client is likely to suffer with back pain, abdominal pain and fatigue for the rest of her life as a direct result of the illness contracted during her holiday in Mexico. In addition to this she will have to modify her diet permanently to avoid making her abdominal pain worse.
The Defendant admitted liability and following extensive negotiations Irwin Mitchell was able to agree a compensation settlement in the sum of £45,000 in damages for our client. The Defendant also agreed to pay her legal costs.
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"I just wanted to send you a short note to thank you very much indeed to our solicitor for managing to settle this for me – it’s really very much appreciated. You did so in a very professional, helpful and efficient manner."