Litigation Personal Injury 16/07/96

Soanes v Medway Health Authority & anor – QBD 26 June 1996

Claimant: Joanna Soanes, 58

Incident: Medical negligence

Injuries: Claimant underwent mastectomy for breast cancer; subsequently diagnosed as suffering from extensive secondary cancer and treated with steroids, chemotherapy, radio therapy; claimant complained she was led to believe she only had short time left to live; treatment left her exhausted, hair fell out, discs in spine cracked; subsequently discovered she was not suffering from secondary cancer and treatment unnecessary; health authorities admitted negligent diagnosis but contested causation

Award: Claimant to receive £20,000 paid into court in 1989; each side to bear their own costs.

Judge: Mr Justice Wright

Plaintiff's solicitor: Bynes, Torquay

Plaintiff's counsel: Nicola Davies QC and Ruth Downing

Allen v Norwich Health Authority – QBD 1 July 1996

Claimant: Jemma Allen,

Incident: Medical negligence

Injuries: Failure to diagnose foetal distress at birth; resultant cerebral palsy leaving claimant unable to stand, walk or sit without support and with no meaningful speech; however, claimant has intelligence and insight into her condition; receives round-the-clock care from her parents

Award: £1.5 million (agreed damages)

Judge: Mr Justice Douglas Brown

Plaintiff's solicitor: Cunningham John & Co (Thetford)

Plaintiff's counsel: James Badenoch QC

Harley v Beaver Civil Engineering & Sir Robert McAlpine and Sons – QBD 1 July 1996

Claimant: John G Harley, 30

Incident: Work accident

Injuries: Construction worker engaged on tunnel excavation in Victoria, London; loaded skip being hauled up tunnel shaft came loose and crashed to bottom hitting claimant; right forearm shattered; as result of injury he had to undergo bone graft surgery and have plate inserted in arm; dominant arm now permanently weakened to extent he cannot lift anything of any significant weight; gripping causes him acute pain; employment prospects considerably diminished

Award: £475,000 (agreed damages)

Judge: Mr Justice French

Plaintiff's solicitor: Finers

Plaintiff's counsel: John Crowley QC