Litigation Personal Injury 19/12/95

Doctor challenges contract. A doctor is heading for the High Court in a bid to block disciplinary moves against him by a Stoke-on-Trent NHS Trust over the issuing of cremation certificates. Dr Saltio Sangerlee, is seeking a declaration that under his 1982 employment contract the trust is not entitled to discipline him for the matters complained of.

Goldie v Frenchay Health Authority – QBD 27 November 1995

Claimant: Constantine Goldie, aged Accident: Medical negligence treating patient suffering from hydrocephalus

Injuries: Plaintiff left virtually blind and condition is permanent. Before treatment he was progressing well at school despite his hydrocephalus condition and had good prospects of obtaining sound academic qualifications and living relatively normal life. Since onset of blindness his progress at school has been seriously impeded – he needs specialist teaching and ultimate prospects of obtaining academic qualifications and employment are now poor.

Award: £625,000

Judge: Judge Barnett QC

Plaintiff's solicitors: Boyes Turner & Burrows

Defendant's solicitors: Bevan Ashford (Bristol)

Sarjeant v Crawford – QBD 27 November 1995

Claimant: Ann Monica Sarjeant, 3Accident: Plaintiff was a back seat car passenger injured when vehicle collided with stationary vehicle

Injuries: Whiplash injuries, shock, bruising, injury to neck treated by way of cervical collar and pain killing tablets. Plaintiff attempted to return to work after the accident but found she was unable to cope and was certified as being unfit for work by her GP. She has not returned to work; her condition continues to be unstable; she continues to experience pain and limitation of movement; physiotherapy has brought her no relief and further treatment may be necessary. Prognosis is uncertain but she may end up at a disadvantage on the labour market.

Award: £325,000

Judge: Judge Wilcox

Plaintiff's solicitors: Field Seymour Parkes (Reading)

Jessiman v Merton Sutton & Wandsworth Health Authority – QBD 27 November 1995

Claimant: Alfred and Maria Jessiman suing on behalf of estate of son Justin (deceased)

Accident: Plaintiff who had mental condition and history of drug abuse had been sectioned under Mental Health Act. However, he left Springfield Hospital, which is run by defendants, and was killed walking along a railway line.

Award: £57,000 (agreed damages)

Judge: Mr Justice Popplewell

Plaintiff's solicitors: Osmond Gaunt & Rose (London)

Defendant's solicitors: Capsticks