Litigation Personal Injury 08/04/97

Randall v James Paget Hospital NHS Trust – QBD 24 February 1997

Claimant: Sean Patrick Randall, six years

Incident: Medical negligence

Injuries: Child suffered quadriplegic cerebral palsy as result of alleged negligent delivery. Contended child would have been born undamaged if delivered 20 minutes earlier by Caesarean section.

Court told later stages of claimant's mother's pregnancy had been fraught with difficulties: she was admitted to hospital as an emergency, then was discharged three days later, then re-admitted that evening and by that time she was in agonising pain.

Contended there had been clear signs of foetal distress, but baby not delivered by Caesarean later. Health authority, which did not admit liability, argued that child would have suffered brain damage even if delivered earlier.

Award: Case settled on 90 per cent liability basis – damages to be agreed or assessed later

Judge: Mrs Justice Steel

Counsel for plaintiff: John Stevenson

Solicitors for plaintiff: Morgan Jones & Pett, Yarmouth

Counsel for defendant: James Watson

Solicitors for Defendant: Eversheds, Norwich

Inkersole v Auguste – QBD 17 March 1997

Claimant: Trasie Inkersole – 3Incident: Road traffic accident

Injuries: Claimant, a former ambulance driver, suffered spinal injuries in road accident while answering emergency call. Ambulance struck metal bollard in Stamford Hill, North London when defendant's car emerged from side road into its path. Claimant left profoundly depressed after accident and in constant pain. Had to be admitted to mental hospital under Mental Health Act and tried to take her own life. She is unlikely ever to work again, acute pain in left shoulder, neck and right hip. She can drive and walk for only short distances.

Award: £375,000 settlement after week-long trial

Judge: Mr. C. Lindsay QC deputy judge of Queen's Bench Division

Counsel for plaintiff: Robin De Wilde QC and Harry Trusted

Solicitors for plaintiff: Collins Stone & Co and Thompsons