Litigation Personal Injury 12/5/98

Carter v Gray – QBD 16 March 1998

Claimant: Sara Carter, 23

Incident: Medical negligence

Injuries: Claimant suffered permanent brain damage as a result of contracting meningitis when she was 11 months old. She claimed that she should have been referred to hospital 10 days earlier by her doctor who is now deceased. Doctor said to have been contacted three times over the 10-day period. By time she was admitted to hospital it was too late to save her from a lifetime of disability. She needs full time care

Award: £1,279,000 (agreed damages)

Judge: Mr Justice Hooper

Plaintiff's counsel: John Crowley QC

Plaintiff's solicitor: Hewetts, Reading

Allender v Lawton – QBD 29 March 1998

Claimant: Joy Allender, 38

Incident: Road traffic accident

Injuries: Claimant suffered brain damage as a passenger of a car which was involved in a head-on crash with a farm vehicle. Her memory, reasoning and judgement are so badly impaired that she is unable to care for her 12-year-old son and suffers post-traumatic stress disorder. She has also been left with severe facial disfigurement which is so bad that she will not go out in public because of the reaction of people to her appearance

Award: £575,000 (agreed damages)

Judge: Mr Justice Penry-Davey

Plaintiff's counsel: Amanda Grant

Plaintiff's solicitor: Leigh Day & Co, London

Simpson v Somerset Health Authority – QBD 27 March 1998

Claimant: Thomas Simpson, 8

Incident: Medical negligence

Injuries: Claimant suffered oxygen starvation during Caesarean section birth in May 1992 at Musgrove Park Hospital, Taunton. Court told he faces a lifetime of "profound disability". Alleged that medical staff were at fault in failing to identify signs of foetal distress more efficiently. Defendant made no admission of liability. Court told claimant's lawyers agreed to settlement because of "numerous difficulties and complexities" they would have faced in a contested trial

Award: £1,050,000 (agreed damages)

Judge: Mr Justice Dyson

Plaintiff's counsel: Allan Gore,

Plaintiff's solicitor: Bolt Burdon, London