Litigation Personal Injury 20/02/96

Bayes v Kirby – QBD 30 January 1996

Claimant: Kathleen Bayes, 43, suing on behalf of herself and her 12-year-old son after death of her husband, Frederick Bayes, 41

Incident: Bayes, a self-employed insulation engineer died of complications three weeks after contracting chicken-pox; claimed his GP failed to diagnose condition and refer him to hospital for treatment by a consultant; such reference was said to be essential in view of his history as a sufferer of Hodgkin's disease; he died in November 1989

Award: £125,000 (agreed damages)

Judge: Mr Justice French

Plaintiff's solicitors: Pattinson & Brewer

Dunham v South West Hertfordshire Health Authority – QBD 29 January 199Claimant: Ricki Dunham, Incident: Medical negligence; oxygen starvation at birth

Injuries: Cerebral palsy; suffered acute asphyxia during birth at Watford General Hospital in May 1990; at the moment he is put as having a mental age of around two to three years

Award: £1,025,000 (agreed damages)

Judge: Mr Justice Sachs

Plaintiff's solicitors: Osborne Morris (Leighton Buzzard)

February 1996

Claimant: David Tomsett, 37

Incident: Bricklayer walking on scaffolding boards which gave way beneath him

Injuries: Severe injury to left knee after falling five feet; underwent a number of operations culminating with replacement of knee; he still suffers stiffness in the knee and it is sore with shooting pains down the front of his leg; prior to the accident he was a keen amateur boxer and at one stage had cherished Olympic hopes; since the accident though he has been unable to box and scarcely able to work

Award: £70,000 (agreed damages)

Judge: Mr Justice Butterfield

Plaintiff's solicitors: Gaby Hardwick Yarwood & Griffiths