Litigation Personal Injury 15/2/99

Ward v Hutchins (1999) – QBD (Alliott J) 1 February 1999

Plaintiff: Female, married, 51 years old at date of accident; 58 years old at date of trial.

Incident: The plaintiff was driving along the A281 at Cowfold, when the defendant, who was travelling in the opposite direction, swerved onto the wrong side of the road, causing a head-on collision Although doctors described her as being in a "persistent vegetative state" following intensive treatment, her condition had slightly improved on her return home.

Injuries: The plaintiff suffered multiple injuries, including fractures and contusions, to the head, ribs, spleen, pelvis, femur and right arm.

Awards: u1,415,290 total damages (out of court settlement)

Plaintiff's solicitor: E J Boyle

Plaintiff's counsel: Jean Ritchie QC and Andrew Collender QC

Brown v Mid Downs Area Health Authority – (1999) QBD (Garland J) 1 February 1999

Plaintiff: Male, single, 25 years old at date of accident; 33 years old at date of trial.

Incident: The plaintiff was admitted to hospital after he fell ill with symptoms which were diagnosed as Legionnaire's disease. The hospital staff treated him on this basis, and administered the antibiotic "erythromycin". In fact the plaintiff was suffering from cerebral abscesses, but this was not diagnosed for some time. The plaintiff alleged negligence, contending that had he been treated with penicillin, his chances of recovery would have been greatly increased.

Injuries: The plaintiff suffered brain damage as a result of the delay in treating the cerebral abscesses, and was left wholly dependant on the care and support provided by his parents.

Awards: u250,000 total damages (out of court settlement)

Plaintiff's solicitor: Bolitho Way (Portsmouth)

Plaintiff's counsel: Charles Utley

Barthorpe v Ball (1999) – QBD (HH Judge MacDuff QC) 1 February 1999

Plaintiff: Female, single, 35 years old at date of accident; 39 years old at date of trial.

Incident: On the advice of her doctor, the plaintiff had declined a cervical smear test which, it was alleged, would have revealed the cancer in its early stages and allowed for effective treatment. The plaintiff received damages after then developing cervical cancer.

Injuries: The plaintiff was diagnosed with cervical cancer in 1994. At the time of trial, it was stated that the plaintiff had only a 30 to 40 per cent chance of survival beyond five years.

Awards: u65,000 total damages (out of court settlement)

Plaintiff's solicitor: Stone King (Bath)

Plaintiff's counsel: Kerstin Boyd

Cases from LAWTEL's PI Quantum Database.

Contact Nick Conway on 0171 970 4803.