Litigation Personal Injury 1/2/99

Arthur Stone v Mansfield Brewery (1999) – Chesterfield CC (HH Judge Pugsley) 14

January 1999

Plaintiff: Male, married, 51 years old at date of accident; 56 years old at date of trial.

Incident: The plaintiff received damages for the traumatic amputation of a fingertip, after a door slammed shut on his right ring finger. Injuries: The plaintiff lost the tip of his finger and attempts to sew it back on failed. The fingertip became gangrenous and the plaintiff had to undergo a traumatic amputation to remove 1cm of the finger. The plaintiff experienced pain during cold weather, although sensation decreased overall. The finger needed to be kept warm and care had to be taken to avoid knocking the stump.

Awards: u3,150 total damages. (out of court settlement)

Plaintiff's solicitor: Andrew Prestwich

Plaintiff's counsel: Bryan & Armstrong (Mansfield)

Bagan v Chelsea & Westminster Healthcare NHS Trust (1999) – QBD (Latham J) 25

January 1999

Plaintiff: Male widower, 40 years old at date of accident; 42 years old at date of trial.

Incident: The plaintiff's wife was admitted to one of the defendant's hospitals for a laparascopic exploration and removal of suspected ectopic pregnancy, but died during the operation.

Injuries: The plaintiff's wife died as a result of a perforation of her right common iliac artery.

Awards: u170,000 total damages (out of court settlement)

Plaintiff's solicitor: Susan Rodway

Plaintiff's counsel: Anthony Gold, Lerman & Muirhead

Keays v Bexley & Greenwich Health Authority (1999) – QBD (Buckley J) 15 January 1999

Plaintiff: Male, newborn at date of accident; 24 years old at date of trial.

Incident: The plaintiff received damages for the brain damage he sustained shortly before his birth, allegedly due to the defendant's negligence. He suffered cerebral palsy and it was submitted that he would require permanent 24-hour care. The plaintiff endured oxygen starvation followed by an intra-cranial haemorrhage, before her birth by caesarean section.

Injuries: The plaintiff was born severely brain damaged due to the defendant's alleged negligence.

Awards: u1,800,000 total damages (out of court settlement)

Counsel advised acceptance of the settlement offer against the original claim of u3m in light of the defendant's argument that much of the damage had been caused by an unknown traumatic event in the womb, which occurred before the plaintiff's mother was admitted to hospital.

Plaintiff's solicitor: Simeon Maskrey QC

Plaintiff's counsel: Osborne Morris & Morgan

Cases from LAWTEL's PI Quantum Database. Contact Nick Conway on 0171 970 4803