Litigation Personal Injury 8/2/99

Pineiro v Hammersmith & Queen Charlotte's Special Health Authority (1999) – QBD (Latham J) 29 January 1999

Plaintiff: Male, 5 months old at date of accident; 14 years old at date of trial.

Incident: The plaintiff was awarded for the brain damage he suffered during an operation to correct a congenital heart defect when clotted blood was transfused into his body.

Injuries: The plaintiff suffered multiple cerebral emboli resulting in severe brain damage. He had right-sided hemiparesis with severe spasticity of his right arm and a right homonymous hemianopia severely restricting his sight.

Court Award: u1,723,216.68 total damages.

Plaintiff's solicitor: Evill & Coleman

Plaintiff's counsel: Richard Lynagh QC and Andrew Rigney

Ruth Cecilia Mary Taylor v Bath & North East Somerset District Council (1999) – QBD (Nicholas Chambers QC) 27 January 1999

Plaintiff: Female, married, 30 years old at date of accident; 35 years old at date of trial.

Incident: The plaintiff was awarded damages for injuries received to her neck and shoulder, after slipping on tiling on the side of the defendant's swimming pool. She suffered pain, burning and restricted mobility for as long as three years after the accident. The plaintiff was consequently unable to continue with paid or voluntary work, and could not take part in sports or other activities she had enjoyed before the accident.

Injuries: The plaintiff struck her head hard against the tiling after falling backwards and was momentarily knocked unconscious. The plaintiff also suffered a left-sided C5/6 disc bulge and a loss of disc space, although this was only revealed a month after the accident via an MRI scan.

Award: u145,423.18 total damages.

Plaintiff's solicitor: Sansbury Hill (Bristol)

Plaintiff's counsel: Richard Bromilow

Smith v Usherwood (1999) – QBD (Garland J) 26/1/99

Plaintiff: Male, single, 21 years old at date of accident; 30 years old at date of trial.

Incident: The plaintiff received damages for a compound fracture of the tibia and fibula, sustained in a road traffic accident. Following an operation, he was advised not to walk for three months and was unable to return to work as a labourer.

Injuries: The plaintiff suffered compound fractures to the right leg and underwent an internal reduction and fixation operation by plate screws. He was admitted to hospital for a manic depressive disorder.

Awards: u200,000 total damages (out of court settlement)

Plaintiff's solicitor: Lewis & Potts (Blackwater)

Plaintiff's counsel: Steven Weddle

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