Litigation Personal Injury 9/12/97

Carter v Bath District Health Authority – QBD 6 November, 1997

Claimant: Kylie Carter, Incident: Medical negligence

Injuries: Claimant suffered oxygen starvation during birth at Royal United Hospital, Bath in September 1988 and was rendered quadriplegic. She is now wholly dependent on others and her injuries are regarded as being of "the severest sort". She suffers abnormal muscle tone and dystonic spasms affect her whole body. She is also speechless. Despite this she is said to have cognitive abilities which may enable her to make progress at school. Currently said to be functioning at about half her normal age level

Award: £1,326,000 (agreed damages)

Judge: Mr Justice Ian Kennedy

Plaintiff's counsel: Charles Lewis

Plaintiff's solicitor: Awdry Bailey & Douglas

Howard v Chatland – QBD 14 November 1997

Claimant: Margaret Howard, 4Incident: Road traffic accident

Injuries: Claimant, a former head teacher, received severe whiplash injuries when her vehicle was hit from behind. As a result of the accident she has suffered loss of movement in her neck and lower back. Despite attempts to return to work she has been forced to take medical retirement

Award: £300,000 (agreed damages)

Judge: Mr Justice Cresswell

Plaintiff's counsel: Bruce Brodie

Plaintiff's solicitor: Attwater & Liell

Evans v Fox & anor – QBD 21 November 1997

Claimant: David Evans, 2Incident: Road traffic accident

Injuries: Claimant, a bricklayer at time of accident. While riding pillion on his brother's motorcycle he suffered head injuries. As a result his intellect and memory have been so badly affected it is unlikely he will ever be able to return to work again. His brother was killed in the accident. Court told that claimant's wife, a legal secretary, has devoted herself to her husband's care.

Award: £525,000 (agreed damages)

Judge: Mr Justice Wright

Plaintiff's counsel: Peter Andrews QC

Plaintiff's solicitor: Whitehead Monckton