Litigation Personal Injury 8/3/99

Mohibur Rahman v (1) Arearose (2) University College London Hospitals NHS Trust (1999) QBD (Rougier J) 18 February 1999

Plaintiff: Male, married, 25 years old at date of accident; 30 years old at date of trial.

Incident: The plaintiff was employed as manager of the King's Cross franchise of the Burger King fast-food chain. In March 1995, two men entered the restaurant and physically assaulted the plaintiff.

Injuries: The plaintiff sustained severe burns to his legs. His right eye had also been severely damaged, and was lost completely as a result of negligent hospital treatment. Following the accident, the plaintiff developed an irrational fear of Afro-Caribbean people. The plaintiff had also developed homicidal tendencies towards the surgeons who operated on his eye. He was described by the judge as a "psychiatric cripple" who would be unable to work again.

Award: u587,758.08 total damages

Plaintiff's solicitor: Christian Fisher & Co

Plaintiff's counsel: Robert Owen QC

Kelly Boland v Bexley & Greenwich Health Authority (1999) QBD (Butterfield J) 22 February 1999

Plaintiff: Female, new-born at date of accident; 11 years old at date of trial.

Incident: Prostin was administered to the plaintiff's mother to induce her labour. One hour later, there was a recorded drop in the foetal heart rate which indicated possible foetal distress. No steps were taken at this time to respond to the deterioration in the plaintiff's condition. No action was taken to deliver the baby until the plaintiff's mother was given an epidural anaesthetic. The plaintiff's heart rate continued to decelerate and a decision was made to perform a Caesarean section.

Injuries: The plaintiff suffered severe brain damage at birth, which had left her with an IQ of 40 and substantial learning difficulties.

Award: u1,450,000 total damages (out of court settlement)

Plaintiff's solicitor: Bindman & Partners

Plaintiff's counsellor: John Grace QC

Nemat Jamnezhad v Christopher Harvey Smith (1999) QBD (HH Judge Coningsby QC) 22 February 199Plaintiff: Male, married, 50 years old at date of accident; 55 years old at date of trial.

Incident: The plaintiff was injured as he attempted to cross Kensington High Street during the busy morning rush-hour in January 1994. The defendant, who was riding a motorcycle, collided with the plaintiff as he crossed the road.

Injuries: The plaintiff sustained a fracture to the right temporal region of his skull. A blood clot developed on his brain and he under went an emergency craniotomy to remove it. The plaintiff had significant cognitive impairment as a result of his injuries and suffered a persistent weakness down his left side. He had also been diagnosed with post-traumatic epilepsy which, at the date of trial, was being controlled by medication.

Awards: u292,825.14 (out of court settlement)

Plaintiff's solicitor: Liddell Zurbrugg

Plaintiff's counsel: Thomas Saunt

Cases from LAWTEL's PI Quantum Database. Contact Nick Conway on 0171 970 4803.