Litigation Personal Injury 28/6/99

Andrew Roland Hill v Alan George Clark (1999) QBD (David Mackie QC) 10 June 199Claimant: Male, single, 31 years old at date of accident; 37 years old at date of trial.

Incident: The claimant was severely injured when the car he was driving was involved in a head-on collision with the defendant's vehicle in 1993.

Injuries: The claimant sustained a severe head injury in the accident and suffered brain damage as a result. He was left suffering from epileptic fits, memory loss, a reduced concentration span and underwent an involuntary personality change. He also suffered irreparable damage to his left eye, which was removed three years after the accident. The claimant had no earning capacity and would require some level of ongoing care for the rest of his life.

Award: u650,000 damages (out of court settlement)

Claimant's solicitor: Kidd Rapinet (Haslemere)

Claimant's counsel: Simon Edwards.

Ian West v Bromley Hospitals NHS Trust (1999) QBD (Blofeld J) 8 June 199Claimant: Male, 22 years old at date of accident; 27 years old at date of trial.

Incident: In the summer of 1993, the claimant began to suffer back pain and consulted a doctor for diagnosis and treatment. A CT scan showed a narrowed spinal canal and a slipped disc. The claimant continued to suffer increasingly severe pain and, in January 1994, he underwent a spinal microdysectomy at the defendant's hospital to remove disc material from his back. The claimant contended that medical staff at the hospital failed to observe and act on signs of post-operative symptoms which indicated that he was suffering from cauda equina syndrome. He alleged that had careful monitoring procedures been in place, the symptoms would have been recognised earlier and he could have been re-admitted for further surgery and left without injury.

Injuries: The claimant was left permanently disabled in that he could only walk for short distances, was incontinent and had significant sexual misfunction. He was also unable to cope with the physical pressures of most occupations.

Award: u595,268 damages

Claimant's solicitor: Hart Brown (Guildford)

Claimant's counsel: Dr Michael Powers QC

Timms v Buchannan (1999) Cambridge CC (HH Judge Sennett) 13 May 1999

Plaintiff: Female, 27 years old at date of accident; 32 years old at date of trial.

Incident: The claimant was knocked off her bicycle by the defendant's car.

Injuries: The claimant sustained soft tissue injuries to her leg, neck and back. The claimant's back injury was permanent and left her significantly disabled. She required help with housework and was only able to work part-time in a sedentary job with flexible hours and a sympathetic employer.

Award: u198,373 damages

Claimant's solicitor: Taylor Vinters (Cambridge)

Claimant's counsel: John Greenbourne