Litigation Personal Injury 03/12/96

Prinn v Plymouth and Torbay Health Authority – QBD, 21 October 1996

Claimant: Steven Prinn (six years)

Incident: Medical negligence

Injuries: Oxygen starvation at birth at Plymouth's Freedom Fields Hospital. Claimant now suffers spastic quadriplegia, is blind and utterly dependent on care of parents, but does have some awareness of the world around him.

Award: Case settled with health authority agreeing that claimant should have been delivered earlier than he was. Damages to be agreed but judge told sum will be "very substantial". It will, however, include 15 per cent reduction to take account of risks that would have been present had fully contested litigation taken place.

Judge: Mr Justice Alliott

Counsel for plaintiff: Adrian Whitfield QC

Solicitor for plaintiff: Wolferstan, Plymouth

Counsel for defendant: M Brooke

Solicitor for defendant: Bevan Ashford, Plymouth

Willis v Redbridge Health Authority – QBD, 28 October 1996

Claimant: Danielle Willis (four years)

Incident: Medical negligence

Injuries: Oxygen starvation at birth at Barking Hospital leading to cerebral palsy. Claimant said to fall into category of "most grievously handicapped children". Cannot feed herself, is unable to speak and unable to crawl. Claimant's mother was 16 days overdue on admission to hospital and still in labour two days later.

Award: £1,120,000 (agreed)

Judge: Mrs Justice Steel

Counsel for plaintiff: James Badenoch QC

Solicitor for plaintiff: Field Fisher Waterhouse

Counsel for defendant: Fiona Neale

Solicitor for defendant: Beachcroft Stanleys

Smallwood v Shanley – QBD, 25 October 1996

Claimant: Carol Smallwood (47 years)

Incident: Road traffic accident

Injuries: Claimant is pedestrian hit by van which mounted pavement. Since accident she claims to have suffered a wide range of mystery symptoms which doctors could not explain. Argued in court on her behalf that disabilities resulting from the accident were "genuine and psychological".

Award: £100,000 (agreed)

Judge: Mrs Justice Steel

Counsel for plaintiff: John Tonna

Solicitor for plaintiff: Dawbarns, Kings Lynn

Counsel for Defendant:

L West