Litigation Personal Injury 25/10/99

Cases from LAWTEL's PI Quantum Database. Contact Deborah Talbot on 0171 970 4823.

Louise Brant v Royal Leicestershire Rutland & Wycliffe Society for the Blind (1999) Lincoln County Court (Mr Recorder Butler) 14 October 1999

Claimant: Female, married, 22 years old at date of accident; 27 years old at date of trial.

Incident: The claimant was employed by the defendant as a care assistant at a nursing home. In the course of that employment she sometimes came into contact with patients' blood and bodily fluids. The claimant had never been vaccinated against hepatitis B and contracted the disease in 1994. Liability disputed. However the court held that while the risk of contracting hepatitis was small, the potential harm should that ever happen was great. It was concluded that, in line with the proper standards of 1994, the claimant should have been advised of the need for a vaccine.

Injuries: The claimant was diagnosed with hepatitis B in 1994. The claimant was ill for six months. In particular, she was severely ill for three months suffering from jaundice, fatigue, nausea and vomiting. She additionally suffered from the social stigma which is attached to having contracted an illness such as hepatitis B. The claimant had made a full recovery at the time of the trial and had been medically advised that she would not be a carrier of hepatitis B.

Award: £5,450 total damages.

Claimant's counsel: Andrew Prestwich

Claimant's solicitor: Seviers (Derby)

Pearce v Humpit Removals (1999) Reading County Court (Burgess DJ) 13 September 1999

Claimant: Female, 20 years old at date of accident; 22 years old at date of trial.

Incident: The defendant was driving a removal van on the wrong side of the road around a blind bend. The claimant, who was driving in the opposite direction, was unable to stop in time or avoid the van and the two vehicles collided head-on. Liability was disputed.

Injuries: The claimant suffered injury to her back and neck which left her with pain and stiffness. She additionally bruised her knee and sustained a swollen ankle. The claimant suffered from a headache for 24 hours following the accident and was unable to work for a week afterwards. She wore a surgical neck collar for a week and was still suffering pain a fortnight after the accident. Even when her immediate physical injuries had healed, the claimant's back continued to ache in the mornings, after prolonged sitting or when lifting. The claimant was expected to have fully recovered from her injuries within three years of the accident.

Award: £4,793.40 total damages.

Claimant's counsel: Richard Menzies

Claimant's solicitor: Silverbeck Rymer