Personal Injury Awards

Wen v Guy's & St Thomas' NHS Trust & Anor (1999) QBD (Buckley J) 23 February 1999

Plaintiff: Female, married, 28 years old at date of accident; 32 years old at date of trial.

Incident: The plaintiff attended St Thomas' hospital for minor corrective surgery to her eyelid. After the operation she was taken to the recovery room while the anaesthetic wore off. She was being attended by a scrub nurse when she had a cardio-respiratory attack, needing to be revived.

Injuries: The plaintiff sustained severe brain damage with her cognitive functions being permanently impaired. Previously she had been able to speak both English and her native Chinese, but she suffered significant memory loss and could only use Chinese. She was unable to lead an independent life or care for her young child by herself.

Award: u625,000 total damages (out of court settlement)

Plaintiff's solicitor: Henmans Plaintiff's counsel: Robert Francis QC

Gregory Scutt v Owners Abroad (T/A Ski Whizz) & Anor (1999) QBD (HH Judge Elizabeth Steel) 22 February 1999

Plaintiff: Male, single, 30 years old at date of accident; 37 years old at date of trial.

Incident: In January 1992, the plaintiff went on a skiing holiday to Italy booked with the defendant travel company. At the resort he followed a route indicated by a "piste pointer" and was led unknowingly over a 30-foot jump.

Injuries: The plaintiff sustained a severe head injury, leaving him permanently brain damaged. As a result he suffered intellectual impairment and will never be able to work again. His memory was also affected and he had experienced behavioural problems. While he continued to live independently, his parents visited him twice weekly to assist with his basic domestic needs. The plaintiff had also been rendered almost completely blind in his left eye and had lost his senses of smell and taste.

Award: u675,000 total damages (out of court settlement)

Plaintiff's solicitor: Gouldens

Plaintiff's counsel: John Crowley QC

Ina Jacobs v Corniche Helicopters (1999) QBD (HH Judge Green QC) 8 February 1999

Plaintiff: Female, married, 35 years old at date of accident; 41 years old at date of trial.

Incident: The plaintiff's husband booked a helicopter ride with the defendant company as a surprise birthday present for his wife. However, during the trip, the pilot attempted to land the helicopter with the engines turned off and using the "auto-rotating" method. The helicopter crashed and bounced onto its side, knocking the plaintiff unconscious.

Injuries: The plaintiff suffered a severe injury to her hand, in addition to bruising and lacerations. Eight of the bones in her right hand were fractured and she had undergone 11 operations on it since the accident. She had effectively lost all function in her right hand and it appeared cosmetically deformed with the tip of her ring finger having been amputated. She had also suffered mild post-traumatic stress disorder and clinical depression. Due to the injury she was unable to work in her prior job as a typist. She retired from her job on medical grounds nine months before the trial.

Award: u200,903 total damages.

Plaintiff's solicitor: Russell Jones & Walker

Plaintiff's counsel: Simon Browne

Cases from LAWTEL's PI Quantum Database. Contact Nick Conway on 0171 970 4803