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Personal Injury Titles ~ February 2023
- Boy Injured in First Few Hours of Life Receives Millions in Damages
- Child Road Accident Victims Need Compensatory Awards to Last a Lifetime
- Failure to Comply with Health and Safety Duties Leads to Life-Changing Injury
- Family of Cyclist Killed in Road Collision Receive Justice
- Group B Streptococcus – Clinical Negligence Claim Promotes Patient Safety
- Injured by an Uninsured Driver? Don’t Give Up Hope of Damages
- Package Holidays and Consumer Credit – Court of Appeal Test Case
- Wind Turbine Technician Due Recompense for Severed Left Arm
Boy Injured in First Few Hours of Life Receives Millions in Damages
Medical errors made at or around the time of a child’s birth can have consequences that last a lifetime. The case of a 12-year-old boy who suffered a devastating brain injury in the wake of his traumatic delivery showed why damages are not just desirable but absolutely necessary.
The boy’s mother suffered a period of pre-eclampsia prior to his birth, during which he suffered some oxygen deprivation. In his first hours of life, he was at significant risk of developing hypoglycaemia – dangerously low blood sugar levels – but there was a delay in giving him a glucose supplement.
As a result, he suffers from cerebral palsy. Although able to walk, his gait is clumsy and he is prone to falls. He has serious learning difficulties and poorly controlled epilepsy impacts on his sleep patterns. Needing 24-hour care, he has memory and concentration difficulties and can read only a few simple words.
After clinical negligence proceedings were launched on his behalf, the NHS trust that bore responsibility for his care made a full admission of liability. Further intensive negotiations yielded a full and final settlement of his claim. Together with a lump sum of £8.3 million, he will receive annual, index-linked, six-figure payments to cover the costs of his care and case management for life.
The High Court had no hesitation in approving the settlement and praised the boy’s parents for all that they had done to maximise his capabilities. Their devotion to him was apparent. Although no amount of money could recompense them for the many sacrifices they had made, the Court agreed that they should receive £200,000 of the damages total as some reflection of their gratuitous care for their son.
Says <<CONTACT DETAILS>>, “Nothing can truly compensate for mistakes on the part of medical staff during a child’s birth that cause permanent damage to health. However, a financial settlement enables the family to achieve the best quality of life possible for their child, without the stress of money worries. Our specialist legal team is experienced in handling claims of this kind.”
Child Road Accident Victims Need Compensatory Awards to Last a Lifetime
Children injured in road accidents may be left with devastating disabilities and need enough compensation to last them throughout their lives. This was demonstrated in a case involving a seven-figure damages payout for a young woman who was a toddler when she was struck down by a passing car.
Now in her 20s, she sustained a traumatic brain injury in the accident and has since been prey to a range of cognitive and emotional difficulties. Thanks to the tremendous support of her family, she has achieved much, both academically and in the workplace. However, she remains highly vulnerable and is at particular risk from those who might seek to take financial advantage of her.
After proceedings were launched on her behalf, the motorist’s insurers accepted liability for the accident and agreed to settle her personal injury claim for a lump sum of £2.35 million. Due to her vulnerability, the money will be managed for her benefit by a professional deputy. The High Court had no hesitation in approving the settlement and agreed that £81,775 of the lump sum should be paid to her mother, who has shown utter commitment to her care.
If you or a loved one has been injured as a result of a road traffic accident, whether as a pedestrian, cyclist or other road user, there may be a justifiable case for compensation. Contact us for claims advice.
Failure to Comply with Health and Safety Duties Leads to Life-Changing Injury
If a tradesman sustains injury whilst working on a client’s premises, should the client be liable to pay compensation? The High Court pondered that important issue in the case of a builder who fell through a barn roof, suffering catastrophic injuries.
The builder, who was in his late 50s, was engaged by a farmer to replace the barn’s guttering. Working alongside his son, he sensibly installed crawler boards so as to spread his weight on the barn’s fragile roof. As his son passed sections of guttering up to him, however, he lost his footing and crashed through the brittle roof to the floor below. He suffered a spinal fracture that left him paraplegic.
In seeking compensation, he alleged negligence and various breaches of statutory duty on the farmer’s part. Amongst other things, it was claimed that steps would have been taken to minimise the risk of injury had a written construction phase plan been completed in accordance with the Construction (Design and Management) Regulations 2015 before work commenced.
Ruling on the matter, the Court noted that it was beyond doubt that both farmer and builder failed to comply with obligations placed on them by the Regulations. Both were unaware of their existence prior to the accident. However, that however did not provide an excuse for, much less a defence to, any failure in compliance.
The Court noted, however, that the duty to put in place a formal construction phase plan rested upon both farmer and builder. Breach of the Regulations did not, by itself, give rise to civil liability to pay compensation. The Court was also not satisfied that the exercise of writing down plans that were in the builder’s head would have resulted in a different outcome.
The builder was highly experienced and had for many years carried out jobs for the farmer and his father before him. He was performing an apparently straightforward guttering job, albeit on a fragile roof. It was obviously reasonable for the farmer to expect that he would appreciate and guard against risks inherent in the job. Given the difference in their age and experience, the Court was sure that the builder would have considered it an impertinence had the farmer purported to supervise his work.
In dismissing the builder’s claim, the Court expressed admiration for the manner in which he had conducted himself in the face of such terrible adversity. It was a matter of great regret that his career had ended in the way it had after so many essentially injury-free years of devoted service to countless clients.
If you are injured in an accident at work because of inadequate health and safety measures, contact us for advice. We can assess where liability lies and if you have a viable claim to pursue.
Family of Cyclist Killed in Road Collision Receive Justice
When a loved one dies due to another’s negligence, the impact on their family is unquantifiable in money terms. However, as a case concerning a father of two who was killed in a road accident showed, personal injury lawyers do all in their power to soften the blow for those who are left behind.
The man, aged in his 40s, was cycling to work when a vehicle hit him from behind, inflicting fatal injuries. Left to grieve were his wife and two children, the younger of them aged just five. After the family took legal action, the motorist’s insurers admitted liability for the accident in full.
Following hard-fought negotiations, a £2.3 million lump-sum settlement of the claim was agreed. In approving that agreement, the High Court noted that the calculation of damages in such cases is not an exact science. A professional assessment was required of what the future might have held had the man survived and continued to provide financially for his family.
Offering its sincere condolences, the Court noted that it was impossible to imagine the impact that the man’s death at such a young age had on his loved ones. No amount of money could compensate for their loss, but the settlement brought the proceedings to an end without the need for a contested trial and offered the family some financial security for the future. The Court agreed that £50,000 of the settlement sum should be set aside for the younger child.
We have assisted many claimants to obtain settlements. Contact our legal specialists for advice.
Group B Streptococcus – Clinical Negligence Claim Promotes Patient Safety
The primary focus of almost all clinical negligence claims is, of course, compensating victims. As a High Court case showed, however, they can also serve the important purpose of highlighting medical risks and prompting improvements to patient safety.
The case concerned an 11-year-old boy who, as a newborn, was struck down by group B streptococcal meningitis. Due to brain damage arising from the infection, he is severely autistic and prey to a number of cognitive and neurological difficulties. He is never expected to be able to make important decisions for himself.
His mother devoted herself to his care and, with the assistance of a medical support charity, took steps to publicise issues raised by the case. A number of NHS trusts have since adopted routine testing for group B streptococcus during pregnancy, a practise which prevails in some other developed countries, including Germany, France and the USA.
Proceedings were launched on the boy’s behalf, alleging that his mother should have been given antibiotics during pregnancy. The NHS trust that ran the hospital where he was born admitted breaches of duty relating to post-natal monitoring. It nevertheless denied that any want of care on the part of medical staff had caused the boy’s injuries or that there was any negligence during the ante-natal period.
Following negotiations, however, the trust agreed to pay 80 per cent of the full value of the boy’s damages claim. In approving that sensible compromise, the Court could see that his case had strengths and weaknesses. Pending final assessment of the amount of his compensation, the settlement of liability issues in the case will enable his mother to move forward in the knowledge that very substantial financial support will, in due course, be available to him.
If you or a member of your family suffers damage as a result of negligent medical treatment, we can help you obtain an appropriate settlement. Contact <<CONTACT DETAILS>> to discuss your claim.
Injured by an Uninsured Driver? Don’t Give Up Hope of Damages
Victims of uninsured drivers may feel that they are in a weak position when it comes to securing compensation. However, as was shown by a case in which a severely injured motorcyclist received seven-figure damages, dealing with such difficulties is all in a day’s work for an experienced personal injury solicitor.
The man, a father aged in his late 30s, suffered a traumatic brain injury when his motorbike collided with a car. The driver was uninsured. However, proceedings were issued against the Motor Insurers’ Bureau (MIB), an insurance industry body that provides a mechanism whereby victims of uninsured or untraced drivers can be appropriately compensated. The MIB is funded by an estimated £30 a year from every insured UK driver’s premiums.
Following negotiations, the MIB agreed to pay the motorcyclist £7.5 million, that lump sum representing 75 per cent of the full value of his claim. In approving the settlement, the High Court noted that he is unable to make important decisions for himself and relies on the devoted support of his close-knit family. The Court agreed that his wife, who has selflessly borne the main burden of his care, should receive £90,000 of the settlement sum.
It is not widely known that it is possible to receive compensation when the person responsible for a road accident is uninsured or cannot be traced. Contact <<CONTACT DETAILS>> for guidance.
Package Holidays and Consumer Credit – Court of Appeal Test Case
If you suffer an accident whilst on a holiday that you have paid for with a credit card, is any claim you might have against the card issuer confined to you alone, or does it extend to others on vacation with you? The Court of Appeal considered that issue in an important test case.
A man used his credit card to pay the deposit on a package holiday in Greece. The vacation ended badly when his wife, who was travelling with him, fell and broke her leg. She initially sought recompense from the travel company through which the holiday had been booked, but that claim foundered after the company entered liquidation.
She responded by refocusing her claim against the issuer of her husband’s credit card under the Consumer Credit Act 1974. Although the card was in his sole name, she argued that she was entitled to claim against the issuer as a third-party beneficiary of the credit agreement. Her application to join the issuer in the proceedings was, however, rejected by a judge and her appeal against that decision failed.
Dismissing her second appeal against that outcome, the Court found that the word ‘debtor’, as used in the Act, has a clear and unambiguous meaning. The wife was not a debtor in that the issuer’s contractual relationship was with her husband alone. He was the only signatory to the credit agreement; it was he who owed the debt and, if he had defaulted on payment, his wife would have had no liability. The Court further rejected arguments that its interpretation of the Act conflicted with EU regulations designed to protect package holidaymakers.
Says <<CONTACT DETAILS>>, “Although this claim was unsuccessful, there will be instances where compensation can be successfully pursued if you are injured as a result of an accident or suffer sickness due to negligence when abroad. Contact us for assistance.”
Wind Turbine Technician Due Recompense for Severed Left Arm
Even the most careful employees can suffer industrial accidents for which even the most safety-conscious employers can be held responsible. The High Court made that point in the case of a technician whose left arm was traumatically amputated whilst he worked on the inner machinery of an offshore wind turbine.
The technician, whose reputation for carefulness had earned him the nickname ‘Mr Safety’, was working within the housing of the turbine, which was on board ship and being prepared for installation. Unaware that the turbine’s generator was under power and slowly moving, he put his arm through a hole in a brake disc to check a component. On completing the check, he realised that he could not withdraw his arm and he could only watch as the machinery severed his limb.
In finding the company that employed him at the time two-thirds liable for the accident, the Court found that technicians who had been working on the turbine earlier in the day had reactivated the power without replacing a chain and warning sign that would have alerted incoming personnel to the fact that the system was energised. That failure was the most potent cause of the accident.
The technician, who was working in the turbine’s housing alone when he should not have been, was himself one-third responsible for his own misfortune. There was no one present to act as a second pair of eyes and, although the accident involved a certain amount of sheer bad luck, he had assumed without checking that the power was off and the system locked.
The Court expressed admiration for the courage and presence of mind he had shown following the accident and for his determination in coping with such a grave injury. The company was commended for its exemplary reaction in the immediate aftermath of the accident. Evidently attaching great importance to safety matters, it carried out a full investigation and swiftly implemented effective reforms to equipment and safety procedures.
The amount of the technician’s award, which would be reduced by one third to reflect his own contributory negligence, would be assessed at a further hearing, if not agreed.
If you are suffering from injury or trauma after an accident at work and would like advice on what action to take, contact <<CONTACT DETAILS>>.
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These articles are provided for general interest and information only. They do not constitute legal advice. Whilst every effort is made to ensure that the content accurately reflects the law in England as at the date of its transmission, no liability is accepted for any loss or damage arising from any act or omission resulting from any information contained herein.