PI & Medical Negligence
Careless Bin Lorry Driver
Our client was employed by a large waste management company. Whilst at work one day he was walking around a waste truck. The driver of the truck failed to notice him and ran over his foot. Despite wearing steel toed boots he sustained a nasty crushing injury to his foot which thankfully fully recovered within 12 months. Together with a loss of earnings claim, after initial resistance from the defendant, we managed to negotiate a settlement of £9,900.
Look Twice for Bikes
Our client was cycling along a line of stationary traffic when a car travelling in the opposite direction turned right, directly across his path. He was knocked from his bicycle and sustained a short oblique fracture of the distal third of his tibia (a bone in the leg). This was a closed injury and was treated with an intramedullary nail. He underwent 2 surgical procedures in all which involved repairing his leg using metal screws and a rod (nail). In total he received £14,000 for pain and suffering and financial losses.
Standards Lapse in the Laundry
Our client had an accident at the laundry where she worked. The lid of a cage in which she was working fell on her head causing nasty injuries to her head and neck. She suffered a concussive illness for 6-12 months and had lengthy ongoing neck symptoms which never fully cleared up.
In order to avoid lengthy court proceedings our client eventually accepted a hard won much increased offer of £14,000 to settle her claim, both for her pain and suffering and also her financial losses.
Overdose Prescribed by GP
As a direct result of her GP negligently prescribing a single 80 mg overdose of simvastatin, our client had an immediate reaction and developed a muscle disorder known as rhabdomyolysis. Her blood tests showed extensive muscle damage but she avoided kidney injury. She was in hospital for five days where she received intravenous fluid treatment and close monitoring. She suffered significant pain and generalised weakness and following discharge from hospital she continued to be monitored and attended outpatient appointments. It took several months before she was able to return to work and she was left with persisting anxiety about her health.
Our expert evidence supported the fact that had she not received the simvastatin or had only received a dose of 40 mg or less she would have avoided the rhabdomyolysis and the pain, hospital admission and worry following on from that. Our client received £5000 for her pain and suffering.
Cancerous Cyst Misdiagnosis
Our client underwent surgery for what her surgeon believed to be an ovarian cyst. This was despite the fact that there was compelling evidence already in existence at this point that the cyst was not ovarian in nature. During the laparoscopic surgery to remove the ‘ovarian’ cyst it was discovered that the cyst was not ovarian in origin but was rather attached to her abdominal wall and was indenting the dome of her bladder. Rather than abandoning the procedure and referring the matter to the urology department the gynaecology surgeon continued with the procedure and in the process cut through the cyst thereby spilling its contents in her abdomen. It was subsequently discovered, after delays of many months, that the cyst was cancerous.
There were many complications and delays that followed this negligent surgery, however, the most serious occurred more than a year later when, because of the spillage of cancerous cells, there was a recurrence of cancer in our client’s abdomen necessitating removal of half of her abdominal musculature. Whilst a certain amount of negligence had been admitted from the start, virtually all causation and aspects of breach of duty remained in dispute.
We had a difficult job not only persuading the defendant of the extent of their negligence but also of encouraging our poor client to persevere with the claim.
An offer of £50,000 by the defendant to settle the claim in early 2015 was resisted and, after more than a year of hard won negotiation and the gathering of further evidence, a final settlement was reached in the sum of £167,500.
Labourer injured while working on a building site
Our client was a 64-year-old labourer working on a building site. He was hit by falling hoarding and scaffolding which collapsed, trapping him underneath. Our client was quite lucky and only sustained a fracture to one of the vertebrae in his back. He was left with ongoing pain and stiffness and, although he had planned to work past the state retirement age for at least 2 years or so he felt unable to continue to carry on with the type of heavy work that he had been used to for most of his life. He therefore retired at the age of 65.
Although liability was accepted fairly early on in the claim; in 2010 the defendant turned down our offer to settle the claim in the total sum of £55,000. They counter offered at £35,000 which we advised our client not to accept. We continued to fight for an appropriate settlement for our client for a further 2 years. Our tenacity paid off with a settlement of £55,000 finally being agreed in April 2013.
GP’s negligence causes boy to suffer brain damage
This was a clinical negligence claim for a young boy who sadly developed meningitis when he was 10 months old. There was a negligent delay by his GP in referring him to hospital for treatment and as a result of which he sustained devastating brain damage. This left him blind, with a developmental age of under 2 years and totally dependent on his family for all aspects of his care both now and for the rest of his life.
Liability was denied by the GP’s insurers, but partial liability was then admitted shortly before trial. The claim has recently settled for the sum of £3.5 million which will ensure that he always receives the care he needs.
Scaffolding truck tragedy
Graham Brierton has recently dealt with a claim whereby severe facial and brain injuries were incurred by his 13-year-old client when the car in which he was a passenger drove into the back of a parked scaffolding truck. The claim has recently settled for just under £1,000,000 approximately 9 weeks before it was due to go to trial.
Case against Guys & St Thomas Hospital for negligent care
We represented a parent who brought a case against Guy’s & St Thomas Hospital and recovered substantial damages for the mother of a premature baby who died aged 3 days as a result of a massive overdose of glucose from a specially prepared hospital feed bag. The bag had been incorrectly made up and contained 37% rather than 7% glucose. We represented the mother at the inquest into the death of her baby and then pursued a claim which was settled before proceedings had to be issued. The claim was funded by legal aid.
£4 million payout for cerebral palsy victim
John Gillman has recently dealt with one of the largest clinical negligence claims for cerebral palsy in recent years, settling for £4,000,000. John regularly acts in such serious and complex claims.
Tragedy caused by reversing dustcart
In this tragic case we were successful in recovering substantial damages following a fatal road traffic accident. In this case, a pedestrian was attempting to cross the road when she was knocked down by the dustcart, which was not properly equipped with a warning device that should have been in use as it reversed.
Farm accident victim wins large payout after suffering severe burns
Our client sustained very serious injuries when the farm vehicle she was driving struck overhead power lines. This caused her to suffer life threatening electrical burns. Whilst she survived, she was left with extremely serious permanent disability. We are pleased to say that we recovered very substantial damages for her and her family.
The flying moped
Our client was a pedestrian who was hit by a moped whose rider had lost control. The moped was so out of control that it flew through the air and hit our client in the face and head. He suffered severe scarring and depressed skull fractures which led to brain damage, the effects of which included some blunting of his cognitive function including memory loss, loss of concentration and mood disorders. He was left with severe facial scarring which led to unwanted attention whilst in public. This in turn led to loss of confidence and depression.
Because the driver was uninsured the matter was referred to the Motor Insurers Bureau (MIB) who dealt with the claim. Liability was initially denied as it was alleged that our client may have been the driver or pillion passenger of the moped! However, there was a reliable independent witness and at a trial dealing with liability alone, the judge found in our client’s favour.
We negotiated a substantial settlement of our client’s claim.
Housing Association Liable
Mr X, whilst heading home one night, fell over a chain link fence/barrier belonging to the defendant. The chain was not marked or highlighted and was very difficult to see in the dark. His principal injury was a so-called Guardsman injury, falling flat on his face with the full force being taken by his chin. When Mr X first came to see us it appeared at the time that his principal injuries were a cut to the inside of his mouth, fractured teeth, a dislocated thumb and balance problems.
The defendant, a Housing Association, initially admitted primary liability for the accident but maintained that Mr X should take 60% of the blame. Mr X had commenced the matter on his own but sought our help when the court became involved. We initially obtained medical reports from an orthodontist, an orthopaedic surgeon, a plastic surgeon and an audio vestibular physician. However, because of the pain and clicking sensation experienced in his temporomandibular joints an oral/maxillofacial surgeon was approached to comment on these particular symptoms. It was following an arthroscopy (keyhole surgery) on his jaw that the severity of the jaw joint injury was discovered. The resulting trauma to his tempero-mandibular joints left him in need of bilateral TMJ replacement (ie the replacement of both jaw joints). This was surgery sufficiently radical for him to require CBT (Cognitive Behavioural Therapy) before being able to give informed consent for the surgery.
After a considerable amount of negotiation a liability split was eventually agreed between the parties with a 75:25% apportionment in in our client’s favour.
Following the agreed 25% deduction for contributory negligence (Mr X’s share of the blame for the accident) he received a total of £105,000.