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Writ issued against Virgin Holidays after woman loses gallbladder following holiday illness (10 October 2014)

Date: 10/10/2014
Duncan Lewis, Personal Injury Solicitors, Writ issued against Virgin Holidays after woman loses gallbladder following holiday illness

A British holidaymaker is suing Virgin Holidays, after illness she contracted on a luxury package holiday in Antigua led to her having her gallbladder removed.

The Daily Mail reports that Sarah Bowes-Phipps, 31, from St Albans in Hertfordshire, booked a Caribbean holiday on the island of Antigua with Virgin Holidays in September 2011 – but the mother-of-one became seriously ill after eating fish.

Mrs Bowes-Phipps was staying at the Verandah Resort & Spa on Antigua and claims that the dining room was “infested” with stray cats and birds.

She ate a piece of unidentified fish in one of the resort’s restaurants and became ill soon afterwards with symptoms of holiday food poisoning.

A writ filed in the High Court in London says that Ms Bowes-Phipps ate “a small piece of an unknown fish in breadcrumbs” – which was served “lukewarm”.

She had ordered the “Catch of the Day” dish from the menu at the resort’s beach bar and grill. The fish did not taste fresh to her – and the next morning she woke up with “shooting, stabbing pains” and had to be taken to hospital in an ambulance.

Her condition deteriorated and she was airlifted to a hospital in Florida, where she underwent emergency surgery. She stayed in hospital in Florida for a month before being airlifted back to the UK for further surgery.

Mrs Bowes-Phipps was diagnosed with Salmonella and secondary septicaemia (sepsis).

Mrs Bowes-Phipps and her husband Steve had booked a one-week, all inclusive holiday at the Verandah Resort & Spa – and had not eaten any meals or consumed any drinks outside the resort.

She is now seeking damages of between £300,000 and £500,000 for the illness and loss of her gall-bladder.

Virgin Holidays has responded by saying it is aware of the writ served by Mrs Bowes-Phipps – but stated that the company had “exercised all reasonable care and skill in the selection of the Verandah Resort and the monitoring of the services and facilities, including the provision of food and beverages”.

Under the Package Travel Regulations 1992, tour operators have a legal duty to make sure standards of hygiene and food preparation are maintained at hotels and accommodation they send holidaymakers to.

Virgin Holidays added:

“As Mrs Bowes-Phipps has now issued proceedings, solicitors representing the Verandah Resort will be filing a defence to the claim – and it would be inappropriate for Virgin Holidays to comment any further on the matters now forming part of legal proceedings.”

The Verandah Resort and Spa in Antigua said that it was not “at liberty” to discuss the matter “out of respect for our guest’s privacy”.

Duncan Lewis No Win No Fee Solicitors – Holiday Accident & Illness Claims

Duncan Lewis no win no fee solicitors can advise holidaymakers who have fallen ill on package holidays as a result of negligence on how to make Holiday Accident & Illness Claims.

Holiday claims fall under the area of law known as personal injury – and claimants have three years from the date of illness or injury in which to make a compensation claim. Children can claim compensation for Holiday Accidents & Illness for up to three years after the age of 18.

For expert legal advice on Holiday Accident & Illness Claims, contact Duncan Lewis no win no fee solicitors on 020 7923 4020.


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