Litigation Personal Injury 28/10/97

Binks v Maken and anor CA 8 October 1997

Claimant: Louis Binks

Incident: Alleged medical negligence

Injuries: Three-year-old released from Bristol Childrens Hospital after treatment for kidney tumour. Left suffering mental handicaps so severe he will need round-the-clock care for the rest of his life. Claim for damages on basis that his mental handicap was caused by drugs used in chemotherapy. Claim against former GP and Avon Health Authority in 1994 dismissed. Appeal Court asked to order fresh trial on basis of fresh medical evidence. Held by Appeal Court that order for fresh trial at this stage would be prejudicial to defendants and result in relatively unimportant issues being reopened nine years after the event.