Stainland v Thomas Cook

Stainland v Thomas Cook

The claimant, aged seven at the date of onset of the illness and 11 at the date of the hearing, suffered an acute gastrointestinal illness, including persistent symptoms of diarrhoea and vomiting, following a family holiday to Egypt in September 2012.

The claimant’s gastric symptoms started on 23 September when he began vomiting and suffered diarrhoea. He was taken to hospital in Egypt. He continued to vomit on the flight home. On his arrival in the UK he was taken to hospital. His acute symptoms were consistent with a diagnosis of acute infective gastroenteritis. There was no finding of Cryptosporidium.

Following the claimant’s recovery from the acute symptoms of his illness he continued to suffer ongoing gastrointestinal disturbance, episodic diarrhoea and vomiting. These episodes lasted for 24 hours before resolving. The attacks happened about once a month. His persistent gastric symptoms were consistent with post- infective irritable bowel syndrome (IBS). The expert diagnosed symptoms of IBS triggered by the gastric infection.

It was likely that the claimant’s gastroenteritis resulted from ingesting water from the hotel swimming pool or from food or drink which had become contaminated as a result of poor standards of hygiene at the hotel.

As a result of his persistent gastric symptoms, the claimant missed some school. The expert advised that although he will not suffer any complications in the future, his existing episodic gastric symptoms are likely to persist in the long term.

Source Lexis Nexis