Litigation Writs 4/10/99

Secondhand car dealer Mario Falbo of Sherborne, Dorset, is suing East Somerset NHS Trust for damages after a life-threatening heart attack which he blames on the trust's alleged negligence. He claims he suffered a heart attack after being treated with medication instead of bypass surgery. Now Falbo, 44, says he cannot work, finds his walking is restricted, and says he is unlikely to live more than 10 years. He says his GP referred him to Yeovil District Hospital in July 1994 with symptoms of angina, and an angiography in 1995 showed he had diseased arteries and other problems with his heart. On 18 October 1996 he was admitted to the hospital with chest pain, which worsened, but was discharged from hospital on 22 October. However, five days later on 27 October he suffered a heart attack and spent three days in intensive care. A second angiography showed his heart had deteriorated, and on 25 April 1997 he underwent bypass surgery. He claims his treatment at Yeovil District Hospital was negligent, and that staff failed to repeat a deficient scan, failed to discover an artery was significantly diseased, and inappropriately treated him with medication instead of surgery. He also accuses the hospital of negligently discharging him without investigating his severe chest pain, and failing to prescribe him aspirin and says that between May 1995 and October 1996, he unnecessarily suffered angina which could have been alleviated by an operation. He says that but for the heart attack, he would have been able to lead a more normal way of life and continue work until the age of about 64.

Claim issued by Alston Ashby, Chatham

The Secretary of State for Defence has launched proceedings against Stephen Bennett, trading as Total Motorcycle Training, and persons unknown, in a bid to recover possession of land and premises at the former Royal Naval aircraft yard, Wroughton, Swindon. The claim alleges that Bennett and others are in occupation of land and premises at the Ministry of Defence-owned site without permission.

Claim issued by the Treasury Solicitor

BBC Worldwide, the licensing arm of the BBC, is being sued for more than £900,000 in a dispute over a £5m shares deal. The claim against the company is by Christopher Curry of Cambridge, who is suing for £636,111.22 and interest of £277,309 which he alleges is due under a July 1988 agreement in which he says he agreed to sell shares in Redwood Publishing. The claim says BBC Worldwide had options to buy shares belonging to a family trust which it exercised in 1993, paying £5.7m for the option. Curry says that as a result of the take-up of that option BBC Worldwide is liable to pay him installments amounting to £636,111.22, but despite requests he says the company has refused to pay.

Claim issued by Jay Benning & Peltz, London W1