Mother takes legal action against health board over child’s long Covid treatment
Helen Goss claims NHS Grampian has not provided the care her 11-year-old daughter Anna requires.
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Your support makes all the difference.The mother of an 11-year-old girl with long Covid has launched legal action against a health board in what is thought to be the first case regarding the condition of its kind in Scotland.
Helen Goss, from Westhill in Aberdeenshire, is seeking “damages” stemming from what she claims is medical negligence towards her daughter Anna Hendy, who has suffered with long Covid since March 2020.
Anna has been unable to return to school, needs to use a wheelchair and is often confined to her bed.
In a statement posted on X, formerly Twitter, Ms Goss said her family have “tirelessly, navigated and exhausted all avenues within NHS Grampian”.
The health board said it cannot comment on individual patient cases.
In the statement, Ms Goss made strong allegations about the health board, saying she and her family have faced “medical gaslighting, dismissal” and were “consistently” 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
She wrote: “Anna has suffered with Long Covid since March 2020 and for almost four years, we have tirelessly navigated and exhausted all avenues within NHS Grampian.
“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.
“NHS Grampian has neglected to uphold Anna’s right to the best possible health, as outlined in the United Nations Convention on the Rights of the Child (UNCRC) Article 24.
“The health board also exhibited a lack of seriousness in addressing our formal complaint, attempting to close it without resolution on four separate occasions.”
Ms Goss has sought private treatment for Anna which she said “should and could” have been provided by NHS Grampian.
In her statement, she added: “Despite repeated requests to the health board, the necessary treatment and care were consistently denied.
“This 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.”
In seeking legal action, the family are hoping to hold NHS Grampian accountable for its alleged failures and inaction as well as obtain a formal apology for Anna for what they claim is avoidable trauma and harm.
Ms Goss also called for improved clinical protocols for children and young people with long Covid by implementing comprehensive training and upskilling initiatives for paediatric clinicians to safeguard other families from enduring the challenges they have faced.
The family said they are “hopeful” for a positive resolution to the case.
Catherine McGarrell, of Thompsons Solicitors Scotland which is representing Ms Goss, said: “As a result of the multiple failings and repeated failures, Anna’s condition is much worse than what it should be, or what it could have been.
“It isn’t a case of she wouldn’t have contracted long Covid, it’s the care in treating the long Covid that’s made it worse.
“After years of completely avoidable failings from the NHS, all Anna needed was someone to take accountability and to start getting the treatment she needs.
“It’s unfortunate the family are now having to take legal action against NHS Grampian to get the care Anna needs, but they’ve been left with no other choice.
“I’m hopeful NHS Grampian will now listen and finally do the right thing by Anna and her family.”
Ms Goss is the chief operation officer of charity Long Covid Kids and said funding for the condition is “inadequate and insulting”.
Last year, Ms Goss told the Scottish Covid-19 Inquiry she had spent “many an evening crying on the bathroom floor” because she had “absolutely no idea what to do next”.
A spokesperson for NHS Grampian said: “We cannot comment on individual patient cases.
“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 Covid practitioner as well as a paediatric clinical lead for long Covid.
“Children who are suffering with 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.”