Litigation Personal Injury 7/2/00

(1) Harbhajan Singh Gahir (widower and administrator of the estate of Harminder Gahir deceased) (2) Manraj Singh Gahir (3) Avneer Kaur Gahir v Mayday Healthcare NHS Trust

QBD (Buckley J) 17 January 2000

Claimants: (1) Male, 33 years old at date of accident. (2) Male, four years old at date of accident. (3) Female, 18 months old at date of accident. The claimants were the husband and two children of the deceased (‘D’) who died on 24 February 1995 aged 31.

Incident: D experienced chest pain on 19 May 1995 and visited her GP that afternoon. The GP referred D to the accident and emergency department at the defendant hospital. At 7.30pm an ECG was performed which produced a poor quality trace. D was discharged at 9.15pm that evening. On the evening of 23 May 1995 D suffered a further episode of chest pain radiating into the left arm. D again attended the hospital where an ECG was performed and abnormalities were recorded. D went home that evening, but suffered pain throughout the night and at 5.30am on 24 May 1995 she collapsed. At 6.22am D arrived at the hospital. At 8am D was administered drugs (rtPA) for thrombolysis. D subsequently developed cardiogenic shock and her condition deteriorated rapidly. She suffered a cardiac arrest and attempts were made to resuscitate her. At 9.40am, however, cardio-pulmonary resuscitation was discontinued and D was declared dead. The claimants brought a claim against the defendant alleging negligence in respect of the treatment given to D on the 19, 23 and 24 May 1995. Liability admitted in 1999.

Injuries: D suffered a myocardial infarction and died.

Award: £150,000 total damages (out of court settlement)

Claimants’ counsel: Adrian Hopkins

Claimants’ solicitor: Leigh Day & Co

Neil Scott Straiton (by his father and James George Straiton) v Andrew James Straiton QBD (Crane J) 24 January 2000

Claimant: Male, 19 years old at date of accident; 27 years old at date of settlement.

Incident: On 14 July 1992 the claimant was travelling in the front passenger seat of a car driven by the defendant, his elder brother. The car was involved in a collision with a refuse lorry, parked on the nearside of the carriageway. The claimant suffered severe head injuries in the collision. Liability admitted.

Injuries: The claimant sustained a fracture to the front of the skull, a fracture to the roof of the orbit and to the zygoma, and associated brain extrusion. Following the accident the claimant underwent emergency surgery where part of the front of his brain was removed.

Award: £1,250,000 total damages (out of court settlement)

Claimant’s counsel: Colin MacKay QC

Claimant’s solicitor: Osborne Morris & Morgan (Leighton Buzzard)

Cases from LAWTEL’s PI Quantum Database. Contact Deborah Talbot 0171 970 482