Litigation Personal Injury 19/8/97

Decisions are taken from Lawtel's legal database. LTL: Lawtel report; TLR: Times Law Reports; ILR: Independent Law Report

Lawson v Tower Hamlets Health Authority – QBD 21 July 1997

Claimant: Jamie Lawson, eight years.

Incident: Medical negligence

Injuries: Claimant born with severe athetoid cerebral palsy following hypoxia in final stages of delivery at the London Hospital in August 1989. Claimant's mother's uterus ruptured during labour. Alleged hospital staff were at fault in failing to carry out emergency Caesarean section operation. Claimant, though above average intelligence, severely physically handicapped and will always need some form of care.

Award: £1.2m, agreed damages.

Judge: Judge Garland, sitting as a deputy High Court judge.

Plaintiff's counsel: Sally Smith QC.

Plaintiff's solicitors: Irwin Mitchell, Sheffield.

Parnell v Duguid – QBD 21 July 1997

Claimant: Oliver Parnell, 13 years.

Incident: Fire injuries.

Injuries: Claimant, aged two at time of incident and left in car by mother, managed to wriggle free from straps of car seat, found box of matches and struck one which set fire to inflammable car seat cover. Car burst into flames and claimant suffered burns over 18 per cent of his body, necessitating skin grafting over the whole of his face and other parts of his body. He has endured 32 operations and is said to need "many more" in the future. Claim against mother and to be met by mother's insurers.

Award: 90 per cent liability found against defendants. Damages to be assessed.

Judge: Mr Justice Kay

Plaintiff's counsel: William Coley.

Plaintiff's solicitors: Stewarts, Taunton.

Lamberton v Bayliss – QBD 23 July 1997

Claimant: Hayley Lamberton, 23 years

Incident: Road traffic accident

Injuries: Claimant, 14, car passenger at time of accident. As result of head injuries she was left with major brain damage which severely impaired her short-term memory, concentration and executive judgement.

Award: £335,000 agreed damages.

Judge: Judge Andrew Tyrell QC sitting as a deputy High Court judge.

Plaintiff's counsel: Gary Burrell QC and Andrew Ritchie

Plaintiff's solicitors: Beadle Pitt & Gottschalk, Canterbury.