Litigation Personal Injury 18/1/99

Conneely v Redbridge & Waltham Forest Health Authority (1999) QBD (Burton J) 11 January 1999

Plaintiff: Male, new-born at date of accident; 6 years old at date of trial.

Incident: Medical negligence Injuries: The plaintiff suffered brain damage and cerebral palsy as a result of the alleged negligence of the hospital staff overseeing his delivery. Medical evidence stated that the plaintiff would be permanently and significantly disabled.

Award: u1.8m total damages (out of court settlement)

Plaintiff's solicitor:

Bindman & Partners

Plaintiff's counsel: Adrian Hopkins

Hamill v West Kent Health Authority (1999) QBD (Rougier J) 11 November 1999

Plaintiff: Female, newborn at date of accident; 16 years old at date of trial.

Incident: Medical negligence

Injuries: After a premature birth at Gravesend Hospital the plaintiff suffered cyanotic episodes. The plaintiff, still in an incubator, was placed in an ambulance provided by the defendant, to be transferred to Guy's Hospital. The father was required to assist by pushing the ambulance to get it to start. Two hours later, they arrived at Guy's. During the journey, the male nurse had expressed concern about the oxygen supply for the incubator, and internal ambulance lights were turned off to save energy. On arrival the plaintiff was found asphyxiated, with no heart beat, no respiration and close to death. The plaintiff suffered cerebral palsy, epilepsy, blindness and had significant communication problems. She would be dependent upon others for the rest of her life.

Award: u1,650,000 total damages (out of court settlement)

Plaintiff's solicitors: Osborne Morris & Morgan

Plaintiff's counsel: Simeon Maskrey QC and Michael Horne

Ford v Davies (1999) QBD (Burton J) 11 January 1999

Plaintiff: Female, married with two children, 41 years old at date of accident; deceased at date of trial.

Incident: Medical negligence

Injuries: The plaintiff died as a result of suffering an extreme reaction to surgical anaesthetic. Despite the hospital's efforts, the plaintiff died shortly afterwards. The plaintiff's estate contended that intravenous fluid therapy could have saved the plaintiff's life. Such treatment was not administered, and negligence alleged under Fatal Accidents Act 1976. Liability disputed.

Award: u300,000 total damages (out of court settlement)

Plaintiff's solicitor: B M Birnberg & Co

Plaintiff's counsel: Duncan Pratt

Brown v Mid Glamorgan Health Authority (1999) QBD (Burton J) 11 January 1999

Plaintiff: Male, single, newborn at date of accident; 15 years old at date of trial.

Incident: Medical negligence

Injuries: The hospital had failed to recognise that the plaintiff's mother was diabetic. The relevant period being both prior and subsequent to the plaintiff's birth. Liability disputed. The plaintiff suffered hypoglycaemic encephalopathy. The plaintiff had severe cerebral palsy with spastic quadriplegia, intellectual impairment, speech difficulties and epilepsy. He was wheelchair bound and would be in need of constant care and attention. Life-long physiotherapy would be required to encourage and maintain his motor-sensory functions, as well as occupational therapy and orthopaedic treatment. Life expectancy reduced by 34 years.

Award: u800,000 (out of court settlement) one third of the full damages in recognition of the problems in proving causation.

Plaintiff's solicitor: Henmans

Plaintiff's counsel: John Grace QC

Cases from LAWTEL's PI Quantum Database. Contact Nick Conway on 0171 970 4803.