CRPD/C/17/D/27/2015 issues following a loss of cerebrospinal fluid during a discectomy procedure in 2007. The author claims that she is a victim of a violation by the State party of her rights under articles 5, 10, 12, 15, 17, 19, 23-27 and 30 of the Convention. The author asked the Committee to request the State party to release funds covering the medical costs of diagnostic testing, treatment and rehabilitation and any other medical service necessary. The Optional Protocol entered into force for the United Kingdom on 6 September 2009. 1.2 The communication was registered on 9 March 2015. The Committee, acting through its Special Rapporteur on communications, decided not to issue a request for interim measures under article 4 of the Optional Protocol to the Convention. 1.3 On 24 September 2015, the Special Rapporteur on communications, acting on behalf of the Committee, decided at the request of the State party and in accordance with rule 70, paragraph 8, of the Committee’s rules of procedure that the admissibility of the communication should be examined separately from the merits. A. Summary of the information and arguments submitted by the parties The facts as submitted by the author 2.1 On 18 September 2007, the author underwent a L5/S1 discectomy procedure at a hospital in Wales under the treatment of a consultant spinal surgeon. She did not sign the consent form for the procedure until the morning of the surgery; she claims that the surgeon was running late and that consequently there was no time for an open dialogue to discuss the benefits and risks of the procedure in detail. During the procedure, the author’s spinal cord membrane was ruptured, which led to a rare surgical complication in the form of a massive loss of cerebrospinal fluid and the subsequent development of a 8 cm by 4 cm tense pseudomeningocele. The treating spinal surgeon attempted a surgical repair of the spinal cord membrane, but his attempt failed as the closure was not watertight. The author also claims that on 25 September 2007, she was discharged from the hospital despite the fact that she was displaying symptoms of a further cerebrospinal fluid leak. The author contends that the rare surgical complication she suffered has left her with a disability that has devastated the quality of her life and left her in constant and debilitating pain and without access to specialist medical care. 2.2 On 18 October 2007, the author was transferred to the University Hospital of Wales, where her pseudomeningocele was surgically treated by a consultant neurosurgeon. A postoperative lumbar drain was inserted into the author’s lumbar spine and 20 ml of cerebrospinal fluid was drained over seven days. The author was discharged from the hospital two weeks after the surgery; however her health continued to deteriorate. She claims that she was left without treatment after having been discharged. 2.3 Since the author was unable to obtain an appointment with a National Health Service consultant, she privately engaged the neurosurgeon who had treated her in October 2007. In December 2008, the consultant found a posterior pseudomeningocele 2.5 cm in size, which was believed to be the cause of the author’s continued post-surgical deterioration. In March 2009, the author underwent a surgical intervention at the University Hospital of Wales. Prior to discharge, her neurosurgeon informed her that she had to wait two years to obtain a post-operative consultation, which the author claims far exceeded the maximum waiting time established by the National Health Service. Nevertheless, in May 2009, the author obtained a consultation with the same neurosurgeon. She notes that at that point the pain in her head, upper cervical spine, lumbosacral spine, legs and feet was unbearable. The neurosurgeon referred her to a University Hospital of Wales neurologist for diagnostic tests; however, the neurologist was unable to provide her with any medical explanations concerning her symptoms. The author claims that after having carried out only one diagnostic test, a lumbar spine scan, the neurologist stated that she was experiencing muscular tension and recommended physical therapy. After facing defensiveness, the author did not seek further medical care in Cardiff. 2.4 In September 2009, the author put forward a request to the Cardiff and Vale University Health Board to receive specialist medical care in London. The Board agreed to 2

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