Litigation Personal Injury 19/11/96

Prinn v Plymouth and Torbay Health Authority – QBD, 21 October 1996

Claimant: Steven Prinn (six years)

Incident: Medical negligence

Injuries: Oxygen starvation during birth at Freedom Fields Hospital, Plymouth. Claimant has some awareness of world around him even though he is blind, suffers from spastic quadriplegia and is totally dependant on the care of his parents. Health authority has accepted he should have been delivered earlier and apologised. Court told by the time claimant was born he had suffered brain damage. Damages agreed on the basis of 85 per cent liability on the part of the health authority. Parents accepted 15 per cent cut to take account of risks of litigation.

Award: Damages to be assessed if not agreed

Judge: Mr Justice Alliott

Counsel for plaintiff: Adrian Whitfield QC

Solicitors for plaintiff: Wolfer Stans, Plymouth

Swift v Dymock – QBD, 21 October 1996

Claimant: Godwin Swift (35 years)

Incident: Road traffic accident

Injuries: Claimant injured in motorcycle accident in July 1990. Accident resulted in head injuries and multiple broken bones. As result of injuries claimant suffered post traumatic amnesia and other lasting injuries

Award: £150,000 (agreed damages)

Judge: Judge Diana Cotton QC

Counsel for plaintiff: B Silvester QC Alistair MacDuff

Solicitors for plaintiff: Brian Ruff Angus & Co, Wickford, Essex

Jordan v Ministry of Defence & ors – QBD, 21 October 1996

Claimant: Stephen Jordan (25 years)

Incident: Serving soldier suffered neglect while under close army arrest

Injuries: Claimant, a serving Grenadier Guardsman at time, was arrested and spent nearly eight months in military prisons pending court martial theft charges. He was released last December after appealing to the High Court that his continued detention was in breach of European Convention on Human Rights. He sued Ministry of Defence and his commanding officers for damages on basis of injury and loss he claims to have suffered during period of detention. Claimed he suffered epileptic fits while held under close arrest.

Award: Terms of undisclosed

Judge: Mr Justice Rougier

Solicitors for plaintiff: Sheratte Caleb & Co