Lititgation Personal Injury 2/9/97

Young v Lewisham and Southwark Health Authority – QBD 21 July 1997

Claimant: Eleanor Young, 13

Incident: Medical negligence

Injuries: Claimant born with several congenital abnormalities including a missing left kidney and right thumb and an enlarged heart, which was damaged after heart surgery went wrong when she was nine months old. During the operation to close a heart duct in May 1984, a senior registrar at Guy's Hospital saw what he thought was a life-threatening "constriction" of her aorta which he proceeded to try and repair. The health authority had denied claims that the constriction of Eleanor's aorta had been "erroneously perceived" or that the operation had been in any way unnecessary. Negligence was denied but a settlement was reached

Award: £618,000 (agreed damages)

Judge: Mr Justice Turner

Plaintiff's counsel: James Badenoch QC

Plaintiff's solicitor: Field Fisher Waterhouse

Tarrant v Semco Salvage – QBD 21 July 1997

Claimant: Nicholas Tarrant, 40

Incident: Missile attack on salvage tug during hostilities

Injuries: Claimant on board a salvage tug hit by Iraqi Exocet missile in the Persian Gulf in 1987. Two crewmen died and four, including the claimant, were seriously injured. Captain of the tug was said by judge to have believed that the Iraqis would target tanker and not salvage vessels. However, the judge said Semco knew that it was sending its tugs to operate in a war zone and exercise of reasonable care required it to fully instruct its captains on how best to avoid Exocet strikes. Claimant unconscious for four days after incident. He suffered loss of his right eye and head injuries which ruined his sea-going career and left his memory severely impaired

Award: liable, damages to be assessed

Judge: Mr Justice Clarke

Plaintiff's counsel: Nina Goolamali

Plaintiff's solicitor: Pattinson & Brewer