Litigation Personal Injury 26/5/98

Hutton v Dyfed Health Authority – QBD 7 April 1998

Claimant: Simon Hutton (widower of deceased) on behalf of himself and his family

Incident: Medical negligence

Injuries: Rose Hutton, 35, was six to eight weeks pregnant when she died from a pulmonary embolism on 6 January 1991. She had been to Prince Philip Hospital, Llanelli, the day before her death but had been discharged after a provisional diagnosis that she was suffering from a viral infection. Held by the court that the diagnosis by the locum consultant who made the diagnosis had fallen below not only his own high standards but those of a reasonably careful and skilful physician. Early diagnosis and immediate treatment with anti-coagulants would probably have saved her life

Award: £95,000 (damages)

Judge: Mr Justice Rodger Bell

Plaintiff's counsel: Robin Oppenheim

Plaintiff's solicitor: Smith Llewelyn Partnership, Swansea

Scarratt v Portsmouth & South East Hampshire Health Authority – QBD 30 March 1998

Claimant: Michael Scarratt (widower of deceased)

Incident: Medical negligence

Injuries: Anne Scarratt, 36, suffered ectopic pregnancy. Obstetrics registrar attempted keyhole surgery to remove foetus but Mrs Scarratt, a mother of two, bled to death. Court told that registrar had attended course on keyhole surgery shortly before attempting operation on Mrs Scarratt but that in attempting to carry out the procedure he ruptured a major blood vessel. Liability admitted by defendant

Award: £160,000 (agreed damages)

Judge: Mr Justice Rougier Plaintiff's counsel: Timothy Grice

Plaintiff's solicitor: Simpson Millar, London SE

Hunt v Hunt – QBD 30 March 1998

Claimant: Daniel Hunt, 16

Incident: Road traffic accident

Injuries: Claimant's entire immediate family wiped out in road crash when he was six. He suffered multiple injuries requiring major surgery. Head injuries have left him with decreased cognitive, taste and olfactory functions. He has no realistic prospects of work and is cared for by his grandparents

Award: £550,000 (agreed damages)

Judge: Judge Diana Cotton QC

Plaintiff's counsel: Simon Fox

Plaintiff's solicitor: Collyer-Bristow