Litigation Personal Injury 4/10/99

Kreibech v Department of Health sub nom in the matter of CJD litigation (1999) QBD (Morland J) 8 September 1999

Claimant: Female, widow of deceased ('D') who died in July 1997 at the age of 37.

Incident: D suffered from stunted growth and was treated with a growth hormone extracted from the pituitary glands of cadavers in 1976 and 1977. This hormone was subsequently discovered to be contaminated and 20 years later, in June 1996, D was clinically diagnosed with Creutzfeldt-Jakob disease (CJD). He died one year later. Judgment was entered in the claimant's favour in June 1998.

Injuries: In early 1996 D began to display many of the symptoms associated with CJD such as memory loss, motor dysfunction and general personality change.

Award: £1.4m total damages (out of court settlement)

Claimant's counsel: Stephen Irwin QC

Claimant's solicitor: Irwin Mitchell

Leong-Ket-Shing v Brent & Harrow Health Authority (1999) QBD (Morland J) 13 September 1999

Claimant: Female, new-born at date of accident; 24 years old at date of settlement.

Incident: The claimant was injured during the course of her birth at the defendant's hospital in August 1975. Labour was traumatic and the claimant was starved of oxygen during delivery. The claimant brought an action against the defendant health authority alleging negligence. The defendant was found liable of negligent conduct in July 1998.

Injuries: The claimant suffered severe brain damage at birth and was left almost totally paralysed and with very limited speech.

Award: £3.2m total damages (out of court settlement)

Claimant's counsel: Andrew Prynne QC

Claimant's solicitor: Gadsby Wicks (Chelmsford)

Fiona Stone v Metropolitan Police Commissioner (1999) Milton Keynes County Court (HH Judge Serota QC) 16 September 1999

Claimant: Female, married, 23 years old at date of accident; 28 years old at date of trial.

Incident: The claimant worked at Notting Hill police station where she was, after a period of time, given stores work. The claimant and the staff reporting to her were responsible for taking delivery of stationery and transporting items to the basement and third floor. The building did not have a lift and boxes of stationery weighing up to 40lbs were carried on foot. No training was provided to the claimant or her staff. In 1994, while moving boxes, the claimant suffered a backache which increased in severity and by next morning she was unable to get out of bed and move about. The claimant brought an action contending that she had suffered a severe and debilitating injury by reason of the defendant's negligence or breach of statutory duty. Liability disputed.

Injuries: The claimant suffered a soft tissue injury in the fall and since the accident had suffered from substantial lower back pain and sciatica.

Court Award: £400,000 total damages.

Claimant's counsel: Giles Harrap

Claimant's solicitor: Keer-Keer & Co (Hemel Hempstead)