£20,500 Awarded in IBS Compensation Battle with First Choice
While many holiday makers expect an episode of the “Turkish Trots”, “Delhi Belly” or “The Dom Rep Two Step” as it is known in the Dominican Republic, none of us expect what we pick up on holiday to stay with us for the rest of our life.Holiday Illness Bug Victim successfully Sues Tour Operator for Irritable Bowel Syndrome following Foreign Holiday
Unfortunately for a barmaid hoping to enjoy her wedding and honeymoon in what was supposed to be a dream holiday to a tropical paradise in the Dominican Republic, this was not the case.
Honeymoon Ruined by Suspect Hygiene
Mrs Borton was on holiday in the Dominican Republic when she was struck down with what turned out to be a cryptosporidium infection. She suffered with typical traveller’s diarrhoea symptoms including vomiting, abdominal pain and fever.
The wedding, honeymoon and holiday were all ruined by the illness.
Upon her returned to the UK, she submitted a stool sample which was tested for various infections and unfortunately for Mrs Borton, she tested positive for Cryptosporidium which is usually associated with infected water.
To make matters worse, her symptoms continued upon her return to the UK where she experienced irritable bowel syndrome symptoms. The symptoms included alternating bouts of constipation and diarrhoea which were deemed to be permanent.
First Choice sued for IBS
Mrs Borton was able to sue her tour operator for IBS symptoms because they were caused by the Cryptosporidium infection which First Choice admitted liability for. Even through the infection was contracted at a hotel in the Dominican Republic, she was able to sue in UK because her contract was with First Choice, a UK based Travel Company.
First Choice argued over the amount of compensation that was due to Mrs Borton so she took them to court and was awarded £20,500 in compensation for the pain and suffering caused by her irritable bowel syndrome.
In addition she was awarded £4,000 in compensation because the honeymoon ruined by illness and £866 for the proportion of the holiday that was ruined. On top of all that she was awarded interest at £2,680 to make the total compensation £29,378.
Full details of the case can be found on Lawtel.com and have been reported in Kemp and Kemp.
Contact us Today to Claim IBS Compensation
Simpson Millar have a dedicated team of travel lawyers who help victims of food poisoning and IBS following foreign holidays. If you would like our assistance, we suggest that you contact us as soon as possible to identify whether you may be entitled to compensation.