Litigation Personal Injury 22/11/99

Cases from Lawtel's PI QUANTUM Database. Contact Deborah Talbot on 0171 970 4823.

Andrew Clayton (Administrator of the Estate of Annette Susan Hester deceased) v Milton Keynes General NHS Trust (1999) QBD (Kennedy J) 11 October 1999

Claimant: Male, long-term partner of the deceased ('D')

Incident: D had been admitted to the defendant hospital in November 1994 for the birth of her child. There had been complications in D's pregnancy and she had a retro-placental blood clot that had haemorrhaged. D's labour had been difficult and complicated and her child was stillborn. In the hours afterwards, D began to develop signs of infection and disseminated invascular coagulation ('DIC'). The placenta was smelling and D had a raised white cell count. D was prescribed antibiotics but the drugs were not administered until some time later. By this time, it was alleged that D's condition was too far advanced for her life to be saved. The claimant brought an action under the Fatal Accidents Act 1976 for himself and D's two sons. Damages were claimed under the Law Reform (Miscellaneous Provisions) Act 1934 for D's pain and suffering. The claimant alleged that the defendant was negligent in the post-natal care of D in that they missed early signs of infection and failed to commence treatment at a time when D's life could have been saved. Medical experts agreed that had the antibiotic therapy been started at the time it was prescribed the infection would have been sufficiently delayed and D would have survived without a hysterectomy. Liability disputed.

Award: £150,000 total damages (out of court settlement).

Claimant's counsel: Dr Michael Powers QC

Claimants solicitors: Pictons, Milton Keynes

Michael David Beard v Brian Leverton (1999) Nottingham County Court 2 November 1999

Claimant: Male, 22 years old at date of accident; 27 years old at date of settlement.

Incident: The claimant sustained a severe leg injury in a road traffic accident when he was knocked off his motorcycle. One year later, his leg was amputated above the knee. As a result of his injury and his psychological reaction to it, the claimant was unable to return to his occupation as a student nurse. Following the amputation, there had been continuing problems with the stump. It was envisaged that he would have occasional need for a wheelchair for up to two weeks per year. At the date of settlement, the claimant had a prosthesis supplied by the NHS. In future he would require a privately-funded prosthesis providing a higher degree of comfort and mobility. The claimant would also require a transfemoral prosthetic limb, a spare transfemoral and a swimming limb with silicon skin. He also required specially-adapted accommodation.

Award: £773,000 total damages (out of court settlement).

Claimant's solicitor: Barratt Goff & Tomlinson