Litigation Personal Injury 13/3/00

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

(1)Sun Microsystems Ltd (2)Latham (3)Murphy v Brown (2000) QBD (Brian Smedley J) 19 January 2000

Claimant: (3)Female, 37 years old at date of accident; 42 years old at date of settlement.

The claims brought by the first and second claimants had settled previously.

Incident: In 1994 the claimant was a passenger in a vehicle driven by the second claimant. She was injured after the car was hit by a car driven by the defendant. Liability admitted.

Injuries: The claimant suffered neck and shoulder injuries and could not drive any distance without pain. She developed travel anxiety and was unable to continue her job which required frequent overseas travel. She secured alternative employment.

Award: £600,000 total damages (out of court settlement)

Claimant's counsel: David Melville

Claimant's solicitor: Darbys (Oxford)

Reeya Patel (by her mother and litigation friend Hemlata Patel) v Brent & Harrow Health Authority (2000) QBD (Buckley J) 18 January 2000

Claimant: Female, newborn at date of accident; 10 years old at date of settlement.

Incident: The claimant's mother attended the defendant's hospital in 1989 for the birth of her daughter. She endured a difficult labour and three failed attempts to deliver the baby were made using Keylands forceps. The baby was born by Caesarean section and during the delivery the claimant suffered prolonged oxygen starvation and pressure to the side of the head. Liability admitted.

Injuries: The claimant suffered from brain damage. Her disabilities were not always obvious in that she could walk, run and swim. But she experienced mild motor problems and it was contended that she would not attain the professional status achieved by her parents.

Award: £425,000 total damages (out of court settlement)

Claimant's counsel: Charles Lewis

Claimant's solicitor: Manis (Thornton Heath)

Joe Barti v Newham Healthcare NHS Trust (2000) QBD (Brian Smedley J) 11 January 2000

Claimant: Male, newborn at date of accident; 4 years old at date of settlement.

Incident: The claimant's mother attended the defendant's hospital in 1995 for the birth of her son. The labour was long and painful and the claimant was born lifeless and had to be resuscitated. Liability admitted.

Injuries: The claimant was born severely brain damaged and with cerebral palsy, spastic quadriplegia, severe mental retardation, scoliosis and cortical blindness. His condition was permanent and he had a life expectancy estimated at 11 years.

Award: £707,500 damages (out of court settlement)

Claimant's counsel: Duncan Pratt

Claimant's solicitor: Russell Jones & Walker