Litigation Personal Injury 26/7/99

Jordan Ovenden v North Essex Health Authority (1999) QBD (Burton J) 1 July 1999Claimant:

Male, new-born at date of accident; 7 years old at date ofsettlement.Incident: The

claimant was born at the defendant's hospital in January1992. Just six weeks later he

suffered an intracranial haemorrhage. Hebrought an action alleging that he could have

avoided injury had he beengiven vitamin K, which guards against haemorrhaging and

promotes bloodclotting.Injuries: The claimant suffered structural brain damage as a

result of theintracranial haemorrhage. The left frontal region of the claimant's

brainwas damaged and there was a reduction in growth of the left hemisphere. Hehad

behavioural, educational and emotional difficulties as a result of thebrain damage. He

had also been diagnosed with epilepsy. He would never beable to work in the open market

although it was possible he would be ableto undertake some basic work as part of an

organised community scheme. Theclaimant was living at home and being cared for by his

parents. It wasenvisaged that once the claimant reached 18 years of age he could move

intoshared sheltered accommodation. He retained full bodily mobility althoughhe had

little sense of danger. His right side was afflicted with apermanent degree of weakness

and, despite being naturally right-handed, theclaimant favoured his left side. The

claimant's life expectancy had beenreduced by between 5 and 10 per cent.Award:

u1,100,000 total damages (out of court settlement)Claimant's counsel: Nigel Wilkinson

QCClaimant's solicitor: Barr Ellison (Cambridge)O'Loughlin v Cape Distribution Ltd

(Formerly Known as Cape BuildingProducts Ltd) (1999) QBD (Forbes J) 2 July 1999Claimant:

Widow of the deceased ('D') who had died in May 1995 at the ageof 50.Incident: D had

been employed as a labourer by the defendant between Marchand July 1966. During this

time D was exposed to asbestos and suffered lunginjury almost 30 years later.Injuries:

D was diagnosed with pleural mesothelioma in February 1995. Heunderwent surgery to have

his left lung removed but his conditiondeteriorated. He died in May 1995. Following D's

death, the claimant wasleft to care alone for their two children. During the latter

years of hislife, D had maintained a substantial property portfolio generatingu92,000pa

in rental income. The claimant attempted to manage D'sinvestments but she was unable to

cope, lacking both the time and skills.She was forced to sell three of the properties

and so was deprived of aportion of her income.Award: u284,652.38 total

damages.Claimant's counsel: Frank Burton QCClaimant's solicitor: Field Fisher

WaterhouseCases from LAWTEL's PI Quantum Database. Contact Deborah Talbot on 0171970