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26 July 1999
Jordan Ovenden v North Essex Health Authority (1999) QBD (Burton J) 1 July 1999Claimant:Male, new-born at date of accident; 7 years old at date ofsettlement.Incident: Theclaimant was born at the defendant's hospital in January1992. Just six weeks later hesuffered an intracranial haemorrhage. Hebrought an action alleging that he could haveavoided injury had he beengiven vitamin K, which guards against haemorrhaging andpromotes bloodclotting.Injuries: The claimant suffered structural brain damage as aresult of theintracranial haemorrhage. The left frontal region of the claimant'sbrainwas damaged and there was a reduction in growth of the left hemisphere. Hehadbehavioural, educational and emotional difficulties as a result of thebrain damage. Hehad also been diagnosed with epilepsy. He would never beable to work in the open marketalthough it was possible he would be ableto undertake some basic work as part of anorganised community scheme. Theclaimant was living at home and being cared for by hisparents. It wasenvisaged that once the claimant reached 18 years of age he could moveintoshared sheltered accommodation. He retained full bodily mobility althoughhe hadlittle sense of danger. His right side was afflicted with apermanent degree of weaknessand, despite being naturally right-handed, theclaimant favoured his left side. Theclaimant's life expectancy had beenreduced by between 5 and 10 per cent.Award:u1,100,000 total damages (out of court settlement)Claimant's counsel: Nigel WilkinsonQCClaimant's solicitor: Barr Ellison (Cambridge)O'Loughlin v Cape Distribution Ltd(Formerly Known as Cape BuildingProducts Ltd) (1999) QBD (Forbes J) 2 July 1999Claimant:Widow of the deceased ('D') who had died in May 1995 at the ageof 50.Incident: D hadbeen employed as a labourer by the defendant between Marchand July 1966. During thistime D was exposed to asbestos and suffered lunginjury almost 30 years later.Injuries:D was diagnosed with pleural mesothelioma in February 1995. Heunderwent surgery to havehis left lung removed but his conditiondeteriorated. He died in May 1995. Following D'sdeath, the claimant wasleft to care alone for their two children. During the latteryears of hislife, D had maintained a substantial property portfolio generatingu92,000pain rental income. The claimant attempted to manage D'sinvestments but she was unable tocope, lacking both the time and skills.She was forced to sell three of the propertiesand so was deprived of aportion of her income.Award: u284,652.38 totaldamages.Claimant's counsel: Frank Burton QCClaimant's solicitor: Field FisherWaterhouseCases from LAWTEL's PI Quantum Database. Contact Deborah Talbot on 01719704823
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