Litigation Personal Injury 8/11/99

Malcolm Lavender v Murat Guncu (1999) QBD (Ian Kennedy J) 15 October 1999

Claimant: Male, 35 years old at date of accident; 38 years old at date of settlement.

Incident: The claimant was injured in February 1997 when he was hit by the defendant's car as he crossed a road. The defendant had been driving under the influence of alcohol and failed to stop after the accident. Liability admitted.

Injuries: The claimant was taken to hospital in a coma. He stayed in hospital for over a year and was discharged in June 1998. As a result of the severe head injuries and brain damage he suffered, the claimant had to relearn a number of basic tasks. He needed constant help in managing his day-to-day life. Medical experts say he would almost certainly be permanently unemployable.

Award: £1.1m total damages (out of court settlement).

Claimaint's counsel: John Tonna

Claimant's solicitor: Batchelors

Andrew Waddington v Lancaster Acute Hospitals NHS Trust (1999) QBD (Kay J) 18 October 1999

Claimant: Male, three years old at date of accident; six years old at date of settlement.

Incident: The claimant was injured in 1996 in the course of a routine operation at the defendant's hospital. The claimant suffered a heart attack during the operation and his brain was starved of oxygen. Liability admitted.

Injuries: The claimant sustained severe brain damage. As a result, he needed intensive 24-hour care. At the date of settlement, this care was provided by his parents. The claimant's condition was permanent, although it was hoped that he would make improvements.

Award: £1.9m total damages (out of court settlement).

Claimant's counsel: Simeon Maskrey QC

Claimant's solicitor: Osborne Morris & Morgan

Jonathan Du Lieu (By his father and next friend Russell Du Lieu) v Ministry of Defence (1999) QBD (Moore-Bick J) 18 October 1999

Claimant: Male, newborn at date of accident; seven years old at date of settlement.

Incident: The claimant was injured at birth at a military hospital in Germany in 1992, when his brain was starved of oxygen. The claimant brought an action alleging that midwifery staff had been negligent. Liability admitted.

Injuries: The claimant sustained severe brain damage and had been medically assessed as functioning at the level of a 1-year-old child. The claimant was entirely dependent on the care and support of his parents who had assumed the role of primary carers.

Award: £1.84m total damages (out of court settlement).

Claimant's counsel: John Grace QC

Claimant's solicitor: Boyes Turner & Burrows (Reading)