Litigation Personal Injury 17/2/98

Hughes v Makosz QBD 8 December 1997

Claimant: Derek Hughes, 6Incident: Road traffic accident

Injuries: Claimant received brain damage when car he was driving was involved in head-on collision. His wife, a passenger in the vehicle, was killed. Claimant will never be able to lead an independent life and faces the rest of his life in care. Claimant said to be a shadow of his former self but is said to have "flashes of insight" into his condition

Award: £1,006,000

Judge: Mr Justice Tucker

Plaintiff's counsel: Christopher Gardner QC and Terence Walker

Plaintiff's solicitors: George Ide Phillips, Chichester

Kinge v Caradon Everest QBD 16 December 1997

Claimant: Eric John Kinge, 5Incident: Injury at work

Injuries: Claimant, employed by defendants as a window fitter, knocked unconscious by slab of mahogany at work. Claimed that as a result he suffers back pain making it impossible to sit or stand for long periods and has had to give up work. Defendants claimed claimant was malingering and produced video footage to back this claim. Judge rejected allegation saying that he considered the accident had greatly worsened his plight and that he was unlikely to work again.

Award: £166,34Judge: Christopher Barnett QC, sitting as a deputy judge of the QBD

Plaintiff's counsel: James Dingemans

Plaintiff's solicitors: Penningtons, Godalming

Dix v National Health Service Litigation Authority QBD 18 December 1997

Claimant: Alan Dix, 24 years

Incident: Medical negligence

Injuries: Claimant said to have been virtually still-born at birth at Westminster Hospital, London, in January 1973. He now suffers from cerebral palsy. Judge upheld claims that hospital staff were to blame in failing to heed signs claimant's mother was suffering from hypotension, which caused hypoxia to claimant prior to birth. He accepted claim that a student doctor and a nurse were left to care for her when the supervising midwife was not on the ward, who could have alleviated the hypotension.

Award: £1,021,61Judge: Mr Justice Douglas Brown

Plaintiff's counsel: James Badenoch QC

Plaintiff's solicitors: Gadsby Wicks, Chelmsford