Litigation Personal Injury 27/05/97

Kemp v Croydon Health Authority – QBD 23 April 1997

Claimant: Sam Kemp, Incident: Medical negligence

Injuries: Claimant's mother, Juliette Kemp, 29, carried no rhesus antibodies in her blood. First children of women with such a condition are normally born healthy but an injection is necessary after the first birth to ensure subsequent children are born healthy. No injection was given in this case with result that the claimant has been left without speech and with learning difficulties

Award: £136,477 agreed damages

Judge: Mr Justice May

Plaintiff's counsel: David Barker QC

Plaintiff's solicitor: Simpson Millar, SE

Legassick v London Buses – QBD 22 April 1997

Claimant: David Legassick, 56

Incident: Road traffic accident

Injuries: Claimant, a former toolmaker, fell into path of bus. As result of injuries he will need constant nursing care for the rest of his life, can no longer spell his own surname, has undergone mood changes and shows marked aggressive tendencies. Level of agreed damages said to reflect fact that claimant, who was drunk at the time of the accident, had been 75 per cent to blame for what happened

Award: £103,000 agreed damages

Judge: Mr Justice Longmore

Plaintiff's counsel: Benet Hytner QC

Plaintiff's solicitor: Evill & Coleman, SW1

Blizzard v Iqbal – QBD 21 April 1997

Claimant: Rachael Blizzard, 2Incident: Road traffic accident

Injuries: Claimant was 17 when she suffered severe head injuries after being hit by a car. She remained in a coma for over a month, showed signs of recovery but then suffered a heart attack which put her back into the coma. She is now classed as being in a persistent vegetative state, with no realistic hope of her condition ever improving. Despite her plight medical experts believe she could live for another three to nine years. Damages settlement reduced on basis that defendant, who admitted liability, claimed plaintiff was partly responsible by her own actions for the accident

Award: £550,000 agreed damages

Judge: Mr Justice Potts

Plaintiff's counsel: David Bradley

Plaintiff's solicitor: Dawson & Co, WC2