April 23, 2012
The Claimant, who was 18 years old at the time of the incident, was involved in a Road Traffic accident which left him with a catastrophic spinal injury.
The Claimant spent 6 months at Odstock Spinal Injury Unit at Salisbury Hospital and he underwent major surgery. The claimant, who initially had no voluntary movement, made significant improvements through rehabilitation and his own determination.
The litigation process has been one which the Claimant has been very much involved in and a range of expert opinion was gathered for different areas of the claim both medical and non-medical such an Aids and Equipment, Care and Accommodation. The Claimant also obtained evidence on Gait Analysis through Oxford Gait Laboratory and through PACE Rehabilitation.
The case was listed for a week long trial in May 2012 however, the parties reached agreement at a Joint Settlement Meeting in February. It was of fundamental importance to the Claimant that the award of damages be made on a Provisional Damage basis, giving him the opportunity to apply for a further award should his condition deteriorate. The Claimant held out for this throughout negotiations, as there is currently a 15% chance of a symptomatic syrinx developing in the Claimant’s spinal cord. This is an issue which is very rarely agreed upon between the parties however, the Claimant in this case was successful.
The Claimant was represented by Geraldine McCool of MPH Solicitors and David Heaton QC of Byrom Street Chambers.
Claimant recovers £1.6 million in compensation lump sum, Periodical Payments for care for life and Provisional Damages
April 19, 2012
The Claimant was injured whilst a guest at a popular hotel and spa. As she was walking to the spa, she slipped and fell on the outside decking which was covered in mould which had built up on the decked area causing the surface to be slippy.
The Claimant felt immediate pain to her lower back which radiated into her lower limbs. She also had some aching in the front of both legs, with the aching more prominent in the right leg. As a result of this accident, the Claimant had to take several weeks off work and thereafter had to return back to work in a phased manner.
The Claimant was examined by an independent expert who diagnosed an injury to her coccyx and a soft tissue muscular ligament a strain of her lumbar sacral spine.
The symptoms were expected to settle over a period of 12-15 months following the incident.
The Claimant was represented by Altaf Patel and a full and final settlement was agreed in the sum of £3,500.
The Claimant was injured whilst stationary at a mini roundabout as a result of the negligent driving of the Defendant’s vehicle.
At the scene, the Claimant and the Defendant both exchanged details however; it later transpired that our client had been provided incorrect details by the driver at the scene. The registered keeper and owner of the Defendant’s vehicle claimed that he did not recognise ‘Mr John Smith’, and that he did not have access to this vehicle nor was he named as an insured driver on the policy.
The Defendant insurer therefore denied liability in this matter.
The Claimant was represented by Altaf Patel who following discussion with the Defendant’s insurers and legal representatives, negotiated settlement on a without prejudice basis.
The Claimant suffered a soft tissue injury to his neck, left shoulder, left elbow, and lower back.
Compensation was awarded to the claimant, on a without prejudice basis, in the sum of £2,137 with the Defendant to pay the Claimant’s legal costs in addition.
The Claimant was injured in an incident at work when he slipped in the staff car park as a result of the icy surface which had been untreated and had not been gritted.
The Claimant fell heavily onto his left knee and subsequently presented with considerable knee pain where clinical examination revealing an excess of degree of posterior laxity with a complete tear of the posterior cruciate ligament. He had significant pain on weight bearing and it was considered likely that he would require revision surgery in the near future.
The Claimant had previously undergone a left total knee replacement as a result of severe osteoarthritis in the knee.
As a result of this incident, the Claimant had to undergo a further knee revision leading to a full replacement.
As a result of the surgical intervention on the left knee and subsequent pain with weight bearing, the Claimant, as a result of overloading on the right knee, exacerbated a pre-existing osteoarthritic condition in the right knee.
Having been examined by an independent expert, it was agreed that the residual discomfort and weakness would improve over time but that there would always be an element of discomfort and weakness on a permanent basis. The accident contributed to further surgery but did not affect the Claimant’s job prospects other than having to take the time off work following the index accident and following surgery.
Advised from Counsel was that this claim was worth in the region of £7,000-£9,000 and a worse case scenario could see the Claimant recovering in the region of £5,400.
Following successful negotiation by Altaf Patel, the Claimant secured compensation of £13,375 in full and final settlement.
April 17, 2012
The Claimant in this case was attending an agricultural show. The Claimant was stood at the rear of his parked vehicle in a field closing the boot of his vehicle. The Defendant was parked behind the Claimant.
The Defendants vehicle was stuck in a dip in the field, accelerated forward, colliding with the Claimant and pinned him between both vehicles.
The Claimant sustained soft tissue injuries and an exacerbation of constitutional pain from rheumatoid arthritis.
The Claimant in this case was awarded £11,570.62.
The Claim was handeled by Anna Woodworth of MPH Solicitors
The Claimant was a passenger in a vehicle driven by his friend. The Defendant failed to notice that the Claimants vehicle had stopped and consequently collided with the rear of the vehicle. The Claimant sustained minor whiplash type injuries and was awarded £1,200 in respect of general damages.
This case was dealt with by Anna Woodworth.
April 16, 2012
MPH Solicitors have just recovered £8,000 in compensation for a client who suffered a right shoulder injury following a negligent session of physiotherapy. Mr C had attended the physiotherapist with a painful back only. During the session, the physiotherapist asked Mr C to sit up and then conducted a “bear hug” type manipulation in which Mr C’s shoulders were squeezed very tightly together and he felt extreme pain in the shoulder.
Mr C had actually sustained an injury to the acromio-clavicular joint of the shoulder. He required physiotherapy and steriod injections to the joint and was expected to make a full recovery at approximately two years following the incident.
This case was dealt with by Mealla Logue, Solicitor in the clinical negligence team.
April 2, 2012
The accident occurred at Trefula Park in Liverpool. The Claimant was crossing the road at Trefula Park when the Defendant collidedwith her.
The Claimant sustained fractures to her knee cap and wrist and soft tissue injuries about her body.
The Claimant also sustained a psychological reaction following the accident. The accident happened close to the Claimant’s home on a road which she had regularly used for many years. As a result of the accident, the Claimant lost confidence and she avoided the accident location. The Claimant decided to move away from the area and relocated near to family.
The claim settled by agreement without commencing Court proceedings when the Claimant accepted the Defendant’s settlement offer in the full and final sum of £8,000 which was the net amount after a deduction to reflect the risk of finding contributory negligence against the Claimant.
A private soldier recovered a total of £19,550 for NFCI sustained to his hands and feet. His injuries had no affect on either his service or civilian career and the award reflects the pain and suffering, his increased heating use and the cost of purchasing protective footwear for the remainder of his life.
March 26, 2012
The Claimant pursued a claim against her former Dentist, for the avoidable loss of five teeth (UL1, UL5, UR4, UR5, UR6), as a result of negligent dental care.
Allegations were raised, following the commissioning of expert evidence, that the Claimant was not given all treatment options, and extraction only was recommended a first line treatment. It was alleged this was inappropriate. In the circumstances, it was stated that the Claimant had not been given sufficient information upon which to base her treatment and provide informed consent.
The Defendants initially made an offer in this case in the sum of £6,000.00, subsequently increased to £15,000.00, following further settlement negotiations.
This case was dealt with by Mark Havenhand, Solicitor and Director in the clinical negligence team.