Personal injury

Devereux
v MOD (2011)

Secondary(familial) exposure to asbestos
resulting in asbestosis

M v
Surrey & Sussex Healthcare NHS Trust

NHS
worker suffered blow to leg and some months later went on to develop DVT and
pulmonary embolism with permanent sequelae.  Causation dispute. Settled
for £135,000

H v
T Ltd 

Employee
claimed to have fallen down loading bay. Suffered what appeared to be soft
tissue injuries and developed severe pain, incontinence (benefiting from
nerve implant but cause disputed) and depression.

F v
BT 

Man
55 at accident suffered multiple injuries including a displaced fracture of
the right femur (resulting in significant leg shortening) and a fracture of
the pelvis and articular surface of the acetabulum resulting in a total hip
replacement.  Left with significant disability and pain.  Limited
in ability to continue with business.  £440,000 recovered.

B v
HMRC

Claimant
developed chronic fatigue syndrome following exposure to Q fever in course of
work as customs officer.  £150,000 damages.

Wellard
v Tesco 

Lifting
accident at work resulted in need for abdominal surgery. C developed chronic
infection and was unable to return to pre-accident work as
warehouseman.  Settlement c £250,000.

Re
O. 

Fatal
accident claim from CO poisoning - victim with number of wives abroad. 
Liability, quantum and apportionment.

Re W. 

Dispute as to whether
claimant suffered organic or psychological damage following golf ball strike
to head.

McCarthy
v Recticel [2000] PIQR
Q74.

Effect
of changes in CRU regime on striking out provisions

Clinical negligence

Gramlick
v Basildon & Thurrock NHS Trust

Misinterpretation
of ECG resulting in heart attack and stroke. Claimant/protected party
dependent on 24 hour care in own home. Limited life expectancy. Settlement
approved for lump sum £265,000 and PPO and indemnity for future care and PPO
for case manager.

S v
Epsom & St Helier University Hospitals NHS Trust  

Clinical
negligence claim arising from failure to diagnose and treat pyogenic flexor
tenosynovitis as result of garden thorn in hand.  As the result the
claimant underwent amputation of his right index finger of dominant
hand.  Career as cameraman adversely affected.  Settled for £135,000.

B v
X NHS Trust 

Clinical
negligence claim arising from bilateral recurrent laryngeal nerve damage
during a thyroidectomy.  The claimant was left with a permanent
tracheostomy.  Liability was disputed and the claim settled at a joint
settlement meeting.

 Re
E. 

 Failure in A & E
Department to diagnose cauda equine lesion resulting in neurological damages
(liability and quantum).



Swift v Bexley & Greenwich HA. 

Claimant
rendered blind following operation for aneurysm (causation and quantum).



Penney Palmer and Cannon v East Kent HA [2000] Lloyd's Rep Med 4.

Landmark
cervical screening cases.