Litigation Personal Injury 21/6/99

Tahseen Safdar Choudry v Hillingdon Health Authority (1999) QBD (Buckley J) 27 May 1999

Claimant: Female, new-born at date of accident; 28 years old at date of settlement.

Incident: The claimant was born at the defendant's hospital in January 1971. During the course of her delivery she was starved of oxygen and was born asphyxiated. The claimant brought an action alleging that the hospital staff had been negligent in the management of her delivery.

Injuries: The claimant sustained severe brain damage and was diagnosed with cerebral palsy. She required constant care. At the date of settlement her mother had undertaken the role of primary carer and spent her nights on a travel bed beside her. The claimant would continue to require 24-hour care.

Award: u1,990,000 damages (out of court settlement)

Claimant's solicitor: Alexander Harris

Claimant's counsel: Robert Owen QC

Paul Thomas Moore & anor v Dr Bryce-Taylor (1999) QBD (Bell J) 8 June 1999

Claimant: The partner of the deceased ('D'), who died in August 1994 at the age of 35. He brought an action on behalf of himself and their son, now aged four.

Incident: In August 1994 D, who was pregnant, suffered an eclamptic fit and was rushed to hospital. Her son was born by emergency Caesarean section but D suffered a haemorrhage and was declared brain stem dead. The claimants brought an action against the GP who treated D prior to her admission to hospital, alleging that he had missed the symptoms of eclampsia.

Injuries: The claimant had suffered a loss of dependency and psychiatric shock on his partner's death. Their son was deprived of the love, care and attention of his mother.

Award: u110,000 damages (out-of-court settlement)

Claimant's solicitor: Tilley & Co (Hertfordshire)

Claimant's counsel: Charles Lewis

Paul Anthony Smith v Kieran Patrick Doherty (1999) QBD (HH Judge Raymond Dean QC) 8 June 1999

Claimant: Male, married, 32 date of accident; 40 years old at date of settlement.

Incident: In September 1991, the claimant's car was involved in a head-on collision with the defendant's vehicle.

Injuries: The claimant sustained neck, chest and knee injuries, along with severe shock and trauma. Serious mental illness later developed and his condition deteriorated until he was dependent on his wife, who had given up her job to care for him. The claimant was discharged from his job in the navy on medical grounds two years after the accident.

Award: u650,000 damages plus costs (out-of-court settlement)

Claimant's solicitor: Larcomes (Portsmouth)

Claimant's counsel: Paul Rees

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