Litigation Personal Injury 26/11/96

Marsh v Rotherham Health Authority – QBD, 1 October 1996

Claimant: Rachel Marsh (nine years)

Incident: Medical negligence

Injuries: Acute oxygen starvation at birth leading to cerebral palsy and quadriplegia. The claimant is totally dependent on parents and carers. No admission of liability but defendants agreed to settle claim. Of the award, £850,000 will go into a structured investment fund, yielding an inflation-proof annual income of £45,000. £430,000 will be paid into a contingency fund to meet unforeseen eventualities.

Award: £1.7m (agreed)

Judge: Mrs Justice Smith

Counsel for plaintiff: Oliver Thorold

Solicitor for plaintiff: Irwin Mitchell (Sheffield)

Stirling v Hardwick – QBD, 4 November 1996

Claimant: Lady Mary Stirling (67 years)

Incident: Medical negligence

Injuries: Claimant, widow of world-renowned architect Sir James Stirling, sought damages on behalf of herself and her three children by Sir James. Claim resulted from death of Sir James at age of 68, at the Wellington Humana Hospital on 25 June 1992 from acute bronchial pneumonia. Death took place 12 days after he received his knighthood. Death blamed on alleged negligence by anaesthetist during hernia operation at St John and Elizabeth Hospital, Hampstead.

Award: Case settled on agreed, but undisclosed terms.

Judge: Mr Justice Owen

Counsel for plaintiff: Adrian Whitfield QC

Solicitor for plaintiff: Leigh Day & Co

Counsel for defendant: Piers Ashworth QC

Solicitor for the defendants: Hempsons

Swift v Dymock – QBD, 21 October 1996

Claimant: Godwin Swift (35 years)

Incident: Road traffic accident

Injuries: Claimant a motorcyclist injured in accident six years ago. In addition to head injuries and multiple broken bones he also suffered post traumatic amnesia

Award: £150,000 (agreed damages)

Judge: Deputy Judge Diana Cotton QC

Counsel for plaintiff: Alistair MacDuff QC

Solicitor for plaintiff: Brian Ruff Awby

Counsel for defendant:

R Davies QC, N Block

Solicitors for the defendants:

Davies Arnold Cooper