Rotavirus Compensation Claims Explained
This article examines the circumstances surrounding you filing a rotavirus compensation claim on your child’s behalf.
Rotavirus can seriously affect children. Luckily, the NHS has a two-dose vaccination programme for all babies to take. However, children can still suffer despite these vaccinations.
When Could You Claim Compensation For A Rotavirus Infection?
But what if they suffer from rotavirus infection because of someone else’s negligence? In that scenario, you could look at making a rotavirus compensation claim.
You can click the headings below to move to the most relevant section for your query. Before then, though, you can always get in touch with our advisors about starting your claim today. So, you can call us up on 0800 073 8804 to speak to an advisor over the telephone.
Alternatively, you might wish to use our Live Chat to get an instant reply online. Or maybe you would prefer to provide a more in-depth message using the contact form on our website. In any event, our advisors are available 24/7. They give free legal advice with no obligation for you to proceed with our services. So why not reach out?
Select A Section
- A Guide To Rotavirus Compensation Claims
- What Is A Rotavirus Infection?
- How Many Cases Of Norovirus Are There In The UK?
- What Are The Symptoms Of Rotavirus Infections?
- How Is Rotavirus Transmitted?
- How Are Rotavirus Infections Caused?
- Who Could I Make A Rotavirus Compensation Claim Against?
- How Do I Prove I Have A Valid Claim?
- Why Are People Vaccinated Against Rotavirus?
- Rotavirus Safety And Side Effects
- Vaccine Damages Payments For Rotavirus Compensation
- Rotavirus Compensation Claims Calculator
- What Else Can I Claim For After A Rotavirus Infection?
- No Win No Fee Rotavirus Compensation Claims
- Start Your Rotavirus Compensation Claim
- Essential References
- Rotavirus Compensation Claim FAQs
A Guide To Rotavirus Compensation Claims
This guide explores rotavirus compensation claims. Rotavirus is commonly contracted by children.
So, if you wish to file a rotavirus compensation claim for your child, there are three important criteria:
- Firstly, you must prove that the defendant (the person or organisation you’re claiming against) owed a duty of care to you or your child.
- Additionally, you must then prove that this duty of care was breached in some way.
- Finally, you must prove that this breach led to your child suffering unnecessary harm of some kind.
If you wish to claim on behalf of your child, you can do so up until their 18th birthday. You would act as their litigation friend. However, we advise making a claim as possible so that evidence is easy to collect and your memory is fresh.
Should you choose not to claim on behalf of your child, and nobody else does so either, they would have three years to claim from the date of their 18th birthday.
What Is A Rotavirus Infection?
Rotavirus is a virus that can be common amongst children, especially younger ones. However, it is also possible for older children as well as adults to contract the virus. Now, rotavirus isn’t the same as norovirus. However, the symptoms are similar, as a rotavirus infection can cause vomiting, diarrhoea and nausea.
In most cases, a rotavirus infection doesn’t prove to be particularly serious, though it’s still distressing to suffer from. However, there are occasions where the child ends up requiring medical attention at a hospital. In particular, the child could suffer damage to their villi as a result of rotavirus.
Now, there is a vaccine in the form of two doses for the child to receive. These are generally given to the child eight weeks and twelve weeks after its birth. Their goal is to build up a child’s immunity against rotavirus.
This means that if the child contracts rotavirus from that point onwards, they should be able to cope better. However, the expectation is still for the child to suffer from rotavirus at some stage during their first five years.
Additionally, there’s the possibility of the child still contracting a serious case of rotavirus despite their two doses. This may occur despite the child’s good hygiene practices.
If a party that owed a duty of care caused you or your child to suffer this way (for example, a food business’ poor hygiene caused your food to be contaminated with the virus), you could claim.
How Many Cases Of Norovirus Are There In The UK?
Though we don’t have access to current concrete figures of norovirus in the UK, we do have some statistics relating to the virus in England.
According to Government norovirus information, in England, laboratory reports of norovirus cases increased after week 25 of 2021. In weeks 31 to 34, the number of reports was 55% higher than the average of that same period in the previous 5 seasons before COVID-19.
However, laboratory rotavirus reports have stayed lower than the 5-season average of the
same period throughout 2020/2021.
Nevertheless, no parent wants their child to suffer from rotavirus under any circumstances and at any level of severity. If this does happen due to someone else’s negligence, there’s the possibility of making a rotavirus compensation claim. Please get in touch if you wish to know more.
What Are The Symptoms Of Rotavirus Infections?
Diarrhoea and vomiting are the most common symptoms of a rotavirus infection. Other symptoms that can be caused by rotavirus include a mild fever, abdominal aches, dizziness, a lack of sleep and not producing tears when crying. However, if you suspect that your child is suffering from rotavirus, it’s important to get a medical professional’s opinion.
The virus does generally pass without causing too much harm to the child. However, there is always the chance that something unexpected could happen such as severe dehydration requiring hospitalisation.
How Is Rotavirus Transmitted?
Rotavirus is spread in faeces via hand-to-mouth contact. It can be picked up from surfaces such as toys, dirty nappies or hands.
It can also be found in water where faeces from infected humans has contaminated it. What’s more, it can be found in contaminated food.
This is why parents and guardians must ensure that their child maintains strong cleanliness at all times. It can be harder for younger children to communicate that they’re unwell.
However, there are circumstances where, despite the child’s good hygiene practices, they become infected. For example, if they ate contaminated food at a restaurant due to the restaurant’s poor hygiene, the food establishment could be seen as liable.
How Are Rotavirus Infections Caused?
Rotavirus infections are generally the result of poor hygiene and a lack of hand-washing. They’re spread (commonly) from the gut to the mouth because of this. For example, if someone who is infected doesn’t wash their hands after passing faeces, they could contaminate food if they then go and prepare it.
The good news is that most children make a full recovery within 3 to 9 days. They can, if they show poor hygiene practice, pass the virus on to others. However, adults can do the same.
For example, if a food business worker prepares a dish without gloves (if not needed) and without washing their hands, and they’re carrying the virus on their hands, the food could become contaminated. The person who eats the dish could then become ill.
Who Could I Make A Rotavirus Compensation Claim Against?
In order to make a successful compensation claim, you’d need to prove that:
- Someone owed you a duty of care;
- They breached that duty of care, causing an accident or incident;
- You suffered an illness or injury because of that breach.
For example, a party that owes you a duty of care could be a restaurant where you and your child are dining out. Perhaps the child eats food that is poorly prepared due to substandard hygiene. In such scenarios where the child subsequently suffers rotavirus, the food establishment could be the defendant.
Again, it isn’t likely that one employee would be singled out for the claim; it would be the restaurant as a whole. Restaurants are likely to have public liability insurance, so the claim would be covered by the insurance company.
How Do I Prove I Have A Valid Claim?
To prove your claim means producing evidence of a duty of care breach. Some examples could include CCTV footage and photography that shows the defendants demonstrating poor hygiene practices.
You could also use:
- Witness statements (if the unhygienic practices that caused the rotavirus infection were witnessed)
- Proof of financial losses that the illness caused (such as prescriptions for medication and travel tickets for appointments)
- Medical records
Having a medical appointment that confirms that you (or your child) is suffering from rotavirus can help the case. This is even more important if your child ends up suffering any longer-term health problems due to the rotavirus.
As part of the claims process, the claimant would attend a medical assessment. This is because:
- You need to show the severity of the injuries.
- The injury needs to be proven that it was caused or worsened by the incident that wasn’t the claimant’s fault.
An independent medical professional (such as a doctor) would assess your injuries (or your child’s) and create a report. If you use the services of a solicitor to claim, they would use the report to help value your injuries.
This could go a long way towards demonstrating the impact of the defendant’s negligence. All of this, along with producing other strong pieces of evidence, could support your rotavirus compensation claim. Please use our Live Chat to find out more.
Why Are People Vaccinated Against Rotavirus?
Rotavirus can cause people, in this case, usually young children and babies, serious harm. Any vaccination aims to reduce the impact of harm by building up immunity within the person.
Young children can be particularly vulnerable to the virus and can need hospitalisation if they become severely dehydrated due to it.
Rotavirus Safety And Side Effects
Having the rotavirus vaccine should help to keep the child safe, as should maintaining good hygiene and handwashing. Note, though, that the vaccine could bring about several side effects.
However, in more extreme, albeit rarer, cases, the child could have an allergic reaction to the rotavirus vaccine. The chances of anaphylaxis happening are one in one million. There’s also the chance for the child to suffer a blockage within their intestines, though the odds remain very low.
Though you can’t necessarily make a rotavirus compensation claim for the known side effects of a vaccine, you could claim if poor hygiene from a party who owed you a duty of care (such as a restaurant) caused you to suffer from rotavirus. You could claim on behalf of your child.
Vaccine Damages Payments For Rotavirus Compensation
The table below demonstrates what the sufferer could receive from a rotavirus compensation claim. Note that these figures come courtesy of the Judicial College. The Judicial College Guidelines contain lists of injuries and potential compensation figures. Legal professionals use these guidelines to help value claims.
Note that the guidelines cover non-traumatic injuries, which rotavirus could fall under.
|Illness/Damage Resulting from Non-traumatic Injury||Severe (i)||£36,060 to £49,270||Some continuing Irritable bowel syndrome (IBS), incontinence, haemorrhoids and several weeks at hospital.|
|Illness/Damage Resulting from Non-traumatic Injury||Serious (ii)||£8,950 to £18,020||Significant diarrhoea and vomiting with the impact lasting multiple weeks.|
|Illness/Damage Resulting from Non-traumatic Injury||Significant discomfort (iii)||£3,710 to £8,950||Significant pain, discomfort, cramps and bowel complications requiring hospital treatment.|
|Illness/Damage Resulting from Non-traumatic Injury||Varying degrees of disabling pain (iv)||£860 to £3,710||Abdominal pain, diarrhoea and cramps for days or weeks.|
Compensation for a claim can be split into general damages and special damages.
So, general damages relate to the sufferer’s pain, along with the loss of amenity caused by the accident that wasn’t their fault.
On the other hand, special damages focus on the expenses and financial losses that occur due to the rotavirus. That may cover medication, transport costs for hospital visits and loss of earnings for time off work.
Rotavirus Compensation Claims Calculator
You can use our online personal injury claims compensation calculator to estimate what you could receive if you make a claim. Though these calculators can be helpful, it’s important to note that every personal injury claim is different. The impact on the person’s life may vary greatly between sufferers.
Furthermore, the long-term consequences of the rotavirus could also be different. So, all of this explains why our advisors make estimates using your specific circumstances rather than one-size-fits-all estimates. Talk to us if you need extra guidance.
What Else Can I Claim For After A Rotavirus Infection?
You may wish to make a care claim that covers the aftercare costs that the child receives. A perfect example of this is where you may have to hire someone to look after your child while you’re at work and they can’t attend school. Perhaps you have to take time off work to look after them, or perhaps other relatives or friends assist.
The latter comes under gracious care, where the sufferer receives help from those around them at no charge. The time and effort these people put into caring for the child can be valued in a personal injury claim.
Also, the parent or guardian may have to hire other professionals while their child is recovering. That includes hiring someone to handle the likes of gardening or cleaning because the parent is busy looking after their sick child.
To prove the costs of hiring additional help while you or your child recovers, you could use invoices, for example.
No Win No Fee Rotavirus Compensation Claims
When making a rotavirus compensation claim, you could benefit greatly from our solicitors’ No Win No Fee service. They provide their services on this basis to all claimants to ensure that they access the legal support they need without paying solicitor fees if a case loses. (Therefore, it makes funding the services of a solicitor affordable.)
Allow us to explain further:
- So, you would pay your personal injury solicitor’s legal fees if you win your case;
- If the case is successful, the ‘success fee’ has a legal cap for your benefit;
- However, if for some reason you don’t win your case, then you don’t make this payment at all;
- Furthermore, there aren’t any hidden solicitor fees within the duration of the claims process nor beforehand.
Start Your Rotavirus Compensation Claim
With all of this information in front of you, it’s now time for you to consider whether you could make your rotavirus compensation claim. Our advisors are here and waiting for you to get in touch to assess your claim. Once we know that it’s valid and strong, we can start to build your case so that you and your child receive justice. Now, to get in touch, you can:
- Telephone us on 0800 073 8804;
- Message us on our Live Chat service;
- Or fill out the online website form.
We hope you now have extensive knowledge about filing a rotavirus compensation claim. However, you may wish to find out more, which is why we have these references below for you.
To start, we have a general guide about claiming personal injury compensation.
We also go into further depth about No Win No Fee.
Furthermore, we have a collection of client reviews for you to check out.
Elsewhere, NHS Scotland provides a full explanation of rotavirus.
Also, the NHS goes in-depth on the rotavirus vaccine.
Last but not least, you can find out about the potential side effects of the rotavirus vaccine.
Other Guides Available To Read
- Knee Surgery Gone Wrong Claims Guide
- Rotavirus Compensation Claims Explained
- Liverpool Walk-In Centre Medical Negligence Claims
- Spire Healthcare Negligence Claims Guide
- Read our case study for a £400,00 sciatic nerve lesion and learn more about claiming compensation for medical negligence.
Rotavirus Compensation Claim FAQs
In this section, we answer commonly asked questions about the personal injury claims process.
How long does a compensation claim usually take?
The time a compensation claim takes varies depending on the circumstances of the claim. For example, if the defendant refuses to admit liability, the claim can take longer.
What are the stages of a successful compensation claim?
These involve the initial instructions, a letter of claim, the potential admittance of liability, the collation of evidence, settlement negotiations and payment.
Should I accept the first offer of compensation?
We recommend that you don’t do this because you’re likely to receive a stronger second offer. However, you should always seek the advice of your solicitor before you accept or refuse an offer.
What happens if I reject a settlement offer?
The other side may come back to you with a higher offer. However, if they come back with a lower offer, you couldn’t ask for the first offer as it’s no longer on the table.
Is a compensation payout taxable?
No, you wouldn’t have to pay tax on your settlement.
Would you have to declare a compensation payment for your benefits?
When you make a claim for compensation, if you’ve received benefits to help you cope with your injuries, the Compensation Recovery Unit would need to be notified that you’re making a compensation claim.
Why might the defendant avoid admitting liability?
This could be because your evidence isn’t strong enough to warrant their admittance of liability.
How long must I wait to receive my compensation?
You could receive your settlement within 28 days of the agreement between both parties. However, this is a rough timeframe so it could take less or more time.
Thank you for reading our rotavirus compensation claim guide.
Written by Armstrong
Edited by Victorine