Personal Injury Awards

Nicola Turner v Kent and Canterbury Hospital NHS Trust (1999) QBD (HH Judge Raymond Dean QC) 20 July 1999

Claimant: Female, 28 years old at date of accident; 31 years old at date of settlement.

Incident: The claimant was a nurse working at a hospital run by the defendant trust. The hospital lift had been out of order and the claimant assisted in carrying the wheelchair-bound patient up the stairs. The claimant began to suffer pain after she reached the first floor and by the time she reached the second level complained of a lower back pain which had radiated down into her right leg. The claimant brought an action alleging that the defendant trust was negligent in not having a system in place for a situation where patients needed to be moved and the lift was out of order. Liability disputed.

Injuries: The claimant suffered acute back strain and was medically retired from her job as a nurse in September 1997 as a result.

Award: £111,697 plus costs (out of court settlement)

Claimant's counsel: Matthias Kelly QC

Claimant's solicitor: Douglas-Mann & Co (London)

Stephen Philip Kitchen v Debra Claire Anderson (1999) QBD (HH Judge Prosser) 20 July 199Claimant: Male, 18 years old at date of accident; 25 years old at date of settlement.

Incident: The claimant was injured in March 1992 when he was knocked down by a car driven by the defendant. Liability admitted.

Injuries: The claimant suffered spinal fractures and a fracture of the left leg.

Award: £335,000 total damages (out of court settlement)

Claimant's counsel: Christopher Makey

Claimant's solicitor: Davis Gregory (Cheltenham)

Nicole Hartery v (1) Dr David Holliday (2) Southmead Hospital NHS Trust (1999) QBD (Ian Kennedy J) 21 July 1999

Claimant: Female, widow, 33 years old at date of accident; 37 years old at date of settlement. The claimant was the widow of 'D' who died aged 36.

Incident: In 1995 D suffered abdominal pains and underwent surgery at the second defendant hospital for a burst appendix. D was discharged but was readmitted with peritonitis. Despite further surgery to treat the infection, D died. The claimant brought an action against the family GP, alleging that he was negligent in failing to make a diagnosis of appendicitis at an early stage, and the second defendant hospital, alleging negligence. Liability disputed.

Injuries: D died as a result of peritonitis which he developed following surgery for a burst appendix leaving a dependant wife and two children.

Award: £260,000 total damages (out of court settlement)

Claimant's counsel: Derek Holwill

Claimant's solicitor: Russell Jones & Walker

Cases from LAWTEL's PI Quantum Database. Contact Deborah Talbot on 0171 970 4823