February 2, 2012
The Claimant pursued a claim against her former General Dental Practitioner for failing to diagnose periodontal disease over a period of twenty years.
The case was investigated in detail, and proceedings issued and subsequently served.
Prior to service of the Defendant’s Defence, quantum was negotiated in the sum of £55,000.00, to reflect the Claimant’s pain and suffering, but more particularly, future treatment costs, including implants that would be required to replace the damaged teeth which had a poor prognosis.
The case was settled by Mark Havenhand, a Solicitor and Director of MPH Solicitors.
The Claimant (a Protected Party) pursued a claim through his Litigation Friend in connection with the standard of care received at the Royal Liverpool & Broadgreen University Hospitals NHS Trust.
The Clamant had previously attended at the Walton Centre having sustained an intra cerebral haemorrhage on the 6 January 2008. There was no criticism in relation to his care at the Walton, or in respect of what caused the haemorrhage.
Due to his injury however, he did not have legal capacity to conduct his own affairs, and brought the claim through his wife. When he was transferred to the Royal Liverpool for rehabilitation, the nursing care was poor in terms of monitoring his condition, resulting in a grade 2 pressure sore developing to his buttock.
Following the case being investigated, and a Letter of Claim put forward to the Defendants, liability was admitted and settlement negotiated in the sum of £15,000.00 to reflect the Claimant’s pain, suffering and loss of amenity.
The case was settled by Mark Havenhand, Solicitor and Director of MPH Solicitors.
February 1, 2012
Our client sustained soft tissue injuries to his neck and back following a Road Traffic Accident which occurred on a roundabout. The Trial took place in Middlesbrough County Court on 16th December 2011 and was fully defended all the way.
This is a reminder that even in a case which was relatively modest in value, a Defendant may fight a case to the end. The Claimant had made 2 offers of settlement, one on liability and one in monetary terms. The Defendant made no offers at all and ignored our offers.
At the Trial, the Judge decided the apportionment of blame. The Judges’ apportionment was the same as the Claimant had offered to the Defendant previously.
This case illustrates the reliance that the Claimant has on the Defendant wishing to settle. Under these circumstances, a Claimant has to be patient, which the Claimant was in this case, and see the matter through the end.
The Claimant was represented by Laura Grieveson of MPH Solicitors and Counsel, Mr Gareth Thompson of St. Johns Buildings in Manchester.
January 24, 2012
The Claimant succeeded in a compensation claim following a diagnosis of Noise Induced Hearing Loss.
In the course of his employment with BT between 1980 and 1992, the Claimant was exposed to excessive levels of noise.
He was required to use a “tone and amp” diagnostic tool to pick up tones on cables in order to identify faults. The Claimant would use a single earpiece headset listening for a minimum of three hours per day. In addition to tone and amp work the Claimant would use a Kango hammer to excavate holes in the ground in order to erect telegraph poles and then reinstate them and use a chain saw to cut the pole to length.
The case settled after issuing Court proceedings, but without proceeding to a trial when the Claimant accepted the Defendant’s increased settlement offer in the full and final sum of £15,000.
January 19, 2012
Claimant awarded £11,500 in full and final settlement of her claim.
The Claimant was employed to work in a building operated and controlled by the Defendant. Her injury was caused when she stood on a floor mounted plastic access cover designed to conceal plug sockets. The cover gave way and the Claimant fell to the floor.
The Claimant’s left knee came into contact with the edge of the hole causing a trauma injury.
Despite a course of physiotherapy and alternative therapies, the Claimant continued to experience a locking sensation in her left knee as well as pain and discomfort.
A second MRI scan revealed that the Claimant would require an arthroscopy with a view to performing surgery. Fortunately the treating doctors were able to avoid surgery and instead an arthroscopic debridement procedure was carried out which was successful.
The claim settled after commencing court proceedings but without proceeding to a trial when the Claimant accepted the Defendant’s offer of £11,500 in settlement of her claim.
Damages awarded in the sum of £11,000 as a result of injuries sustained in a tripping accident.
The Claimant sustained an injury to her pelvis with an extra articular fracture of the pubic rami, soft tissue injuries and bruising to her knees and cuts and bruises to her arms and legs after she tripped on a raised paving stone in Stockwell, London.
The ownership of the land was initially in dispute with two potential Defendants both denying liability for the accident.
Court proceedings were commenced against both Defendants and after further enquiries we were able to confirm which of the Defendants had responsibility for the land. Consequently, the Defendant admitted liability for the accident.
The medical evidence found that a further injury sustained after the Claimant fell at home after she was discharged from hospital was attributable to the tripping accident and it had aggravated her injuries.
The Claimant required regular help and assistance following both accidents which was provided by her family and a private care company.
Sadly, the Claimant passed away before her claim had concluded. The Claimant’s son continued the claim on behalf of the Claimant’s estate and the claim settled by agreement in the global sum of £11,000.
January 18, 2012
A settlement has been reached on behalf of a local client who suffered significant physical and psychiatric injuries in autumn 2008 when he was trapped against a wall by a tram at Victoria Station. The Defendant was Stagecoach Group Plc. The value of the claim was agreed at a six figure sum and the settlement reflected an agreed reduction for the Claimant’s contributory negligence.
The time to settlement reflected the size of the case and the need for medical experts from orthopaedic consultants, neurologists, psychiatrists and the results of nerve conduction studies. The case was conducted by Geraldine McCool and Counsel Peter Harrison of St John’s Chambers.
January 12, 2012
The Claimant, a BT Engineer, was awarded £4,600 in compensation arising from his noise induced hearing loss.
The Claimant started employment with BT in 1987. During the course of his employment he was exposed to excessive levels of noise from the continued use of oscillators and amplifiers, through a headset. The Claimant went on to develop hearing loss later on in his career which was diagnosed by an Ear, Nose and Throat Surgeon as noise induced hearing loss.
The claim settled by agreement without commencing Court proceedings when the Claimant accepted the Defendant’s offer of £4,600.
January 6, 2012
Paul Harrington of our MoD Unit has acted for a member of the Royal Marines who sustained injuries in a road traffic accident whilst deployed with his Unit in Afghanistan in November 2006.
He was a passenger in a Land Rover which left the road, travelled down a steep incline, falling some 150ft before coming to rest. The Claimant was ejected from the vehicle and suffered multiple injuries, including a fractured rib, hemopneumothorax, shoulder injuries, thoracic and lumbar spinal injuries, a fracture of the knee and rupture of ligaments. He underwent protracted rehabilitation, but was then deemed not to be fit for retention in the Military.
A talented sportsman whose pre-accident sporting career included National Group Squad Membership. He is unable to play active sport again.
He has a high probability chance of a left total knee replacement and he requires facet joint therapy for pain in the spine.
His condition is now unlikely to improve significantly. Although only a member of the Royal Marines for a short period, his outstanding performance as a Recruit and progress in the Corps identified him at an early age for a Corps Commission and possible Special Forces Service.
He has suffered a severe handicap in the labour market, in addition to loss of earnings and the loss of a long and successful career in the Royal Marines. He now hopes to retrain as a Teacher.
The total value of the claim was agreed at over £600,000 and the settlement included retention of his Guaranteed Income Payment stream under the Armed Forces Compensation Scheme.
January 3, 2012
Mr B, a member of the Communication Worker Union was injured in a high speed collision on the M6 Motorway. He was travelling in the ‘fast lane’ at 70 miles per hour. The Defendant, driving a vehicle owned by his employer, came speeding down the middle lane after having just undertaken another vehicle and manoeuvred his vehicle into the far lane colliding with our client’s vehicle forcing it into the central reservation. Luckily the accident did not lead to a fatality but did cause significant whiplash type injury to Mr B.
Proceedings were issued out of Manchester County Court and the claim was pursued against both the Defendant himself and against his employer. Allegations of negligence centred around the fact that the Defendant was driving without due care and attention, was driving at excessive speeds, failed to keep a proper lookout, failed to control his vehicle, failed too slow down and drove into collision with our Client. It was also alleged that his employer was vicariously liable for the actions of its employee.
Altaf Patel, who conducted the case, secured liability shortly after proceedings were issued and the claim was settled by agreement prior to Trial for a substantial sum.
Mr B commented that the service received was “excellent and that Altaf was extraordinary, straight to the point and the jargon was skipped” He recommends MPH solicitors.