Litigation Personal Injury 04/03/97

Taylor v West Kent Health Authority – QB 14 February 1997

Claimant: Paul Taylor, Incident: Medical negligence

Injuries: Widower's claim over death of his wife, 33-year-old mother of four, who died of cancer 23 December 1991. Family had claimed £200,000 damages in respect of failure to diagnose cancer after checks following discovery of lump in breast. Judge found that even if cancer had been diagnosed and treated earlier the cancer was so aggressive woman would probably not have survived more than 18 months longer than she did. Therefore, damages likely to be considerably reduced.

Award: Damages to be assessed

Judge: Mr Justice Maurice Kay

Counsel for plaintiff: Howard Shaw

Solicitors for plaintiff: Thomson Snell & Passmore, Kent

Counsel for defendant: Simon Taylor

Solicitors for defendant: Nab- arrow Nathanson

Skelton v Lewisham and North Southwark Health Authority – QB 12 February 1997

Claimant: Brett Skelton, 1Incident: Medical negligence

Injuries: Claimant underwent bypass surgery as 15-month-old baby at Guys Hospital, London. Anaesthetist's error resulted in oxygen starvation. Claimant left suffering from spastic quadriplegia, severely disabled and requiring complete care.

Award: Damages to be assessed, £50,000 paid on account of eventual award

Judge: Mr Justice Maurice Kay

Counsel for plaintiff: Stephen Irwin

Solicitors for plaintiff: Thomson, Snell & Passmore

Hallatt v North West Anglia Health Authority – QB 14 February 1997

Claimant: Thomas Hallatt, Incident: Medical negligence

Injuries: Oxygen starvation during birth. Claimant suffered brain damage in incident on 26 December 1990. NWA Health Authority denied negligence claiming baby was unusually large (12lb) and birth had been very difficult. All normal methods of delivery had been exhausted before resorting to Caesarean section. Judge said care given was of a perfectly acceptable standard.

Award: Health authority cleared of negligence

Judge : Mrs Justice Smith

Counsel for plaintiff: Iain S Goldrein

Solicitors for plaintiff: Trumans of Grantham

Counsel for defendant: Stephen Miller QC with N Pitt

Solicitors: Mills & Reeve of Cambridge