July 21st, 2009
A family is suing an NHS trust after their child was born with serious disabilities which were not picked up on in time for an abortion to be carried out.
Franchesca Parsons claims that Musgrove Park Hospital staff should have noticed little Rupert’s disabilities at the 20 week scan and that consequently, his was a wrongful birth because she would not have had him if she had known the extent of his problems.
She is claiming £1.5 million in interim compensation from Taunton and Somerset NHS Trust so that she can move Rupert, now five, into a specially adapted house.
Although the trust admits liability, it is disputing the amount of compensation, so a hearing is to go ahead at a later date.
According to BabyCentre.co.uk, pregnant women will be offered a detailed scan at between 18 and 22 weeks. This will check that the baby is developing normally.
Where problems are evident, an appointment for a scan with a foetal medicine specialist will usually be made within 72 hours and the options for the pregnancy can be discussed.
Tags: 5 Million, Abortion, Appointment, Babycentre, Disabilities, Extent, Foetal Medicine, Hospital Staff, Medicine, Medicine Specialist, Musgrove Park Hospital, Nhs Trust, Parsons, Pregnancy, Pregnant Women, Rupert, Somerset, Taunton, Wrongful Birth
Posted in Clinical Negligence News | No Comments »
June 19th, 2009
More than £2.5 million in compensation is to be paid to scores of holidaymakers who fell ill while at a resort in the Dominican Republic.
In what is being described as among the largest recorded payouts for such illness abroad, the 514 travellers who fell ill at the Bahia Principe Hotel in 2007 are all to receive compensation from Thomas Cook and its subsidiary MyTravel.
Their legal representatives argued that although many people had already been hospitalised as a result of dirty conditions which caused E coli and Salmonella, the tour companies continued to fly tourists to the resort between January and August the same year in "a flagrant disregard for their customers’ health and safety".
The tour operators decided to settle the claims outside of court, but assured customers that hygiene standards in its properties are constantly monitored.
Holidaymakers from the UK who suffer from an accident, personal injury or food poisoning while abroad can sue their tour operator provided that the holiday was a package which includes travel and accommodation.
Tags: 5 Million, Bahia Hotel, Bahia Principe Hotel, Dirty Conditions, E Coli, Flagrant Disregard, Food Poisoning, Health And Safety, Holidaymakers, Hospitalised, Hygiene Standards, Landmark Case, Legal Representatives, personal injury, Salmonella, Thomas Cook, Tour Operator, Tour Operators, Travellers
Posted in Personal Injury News | No Comments »
April 21st, 2009
A man has secured an undisclosed sum in compensation after slipping on flower petals at a railway station.
Brian Piccolo of Witham was walking home from work at BNP Paribas in July 2003 when he slipped as he walked past Chiltern Flowers’ stall at Marylebone Station, London.
He suffered injuries to his wrist and back and fears that he may need a wheelchair in future.
"Everybody has been affected, the whole family. I walk 50 yards at best and then have to rest," he commented.
Mr Piccolo took legal action against the flower seller, claiming compensation of £1.5 million.
He won the right to damages in 2007 after a judge at the high court ruled that the shop did not have a "reasonably effective and safe system for dealing with the danger of fallen petals".
Mr Piccolo has now been awarded compensation as part of an out-of-court settlement, although it is not known if he received the full sum he had pursued.
Under the limitation rules for personal injury, court proceedings for compensation must be started within three years of the date of the accident, otherwise the claimant will lose the right to bring their claim.
Tags: 5 Million, Bnp Paribas, Brian Piccolo, Claimant, Claiming Compensation, Court Proceedings, Court Settlement, Damages, Fears, Flower Petals, Flower Seller, Flowers, Marylebone Station London, personal injury, Railway Station, Undisclosed Sum, Walking Home, Wheelchair, Witham
Posted in Personal Injury News | No Comments »
April 16th, 2009
A boy who sustained serious head and spinal injuries after being run over by his father has been awarded a compensation payout of more than £8 million.
Callum Cross, then aged two-and-a-half, was visiting a farm in Leighton Buzzard with his family in March 2002 when his father reversed over him in his car.
He suffered spinal and brain injuries that were described as "catastrophic" and will need constant care for the rest of his life.
Callum’s mother Julie Eriksson took legal action against Patrick Cross, whose insurers admitted liability at an early stage.
An interim payment of £1.7 million had already been made, but another settlement of £2.5 million plus yearly payments of £220,000 has now also been agreed to.
Mrs Justice Swift said: "While this order cannot possibly put him back to the circumstances in which he otherwise would have been, I hope it will play its part in enabling him to live to his full potential."
In road traffic accidents such as this, the insurer of the responsible party will be the organisation making the compensation payout should it be ruled that one is due.
Tags: 5 Million, 8m, Brain Injuries, Callum, Circumstances, Constant Care, Insurer, Interim Payment, Leighton Buzzard, Mother Julie, Patrick Cross, Responsible Party, Road Traffic Accidents, Spinal Injuries, Swift
Posted in Personal Injury News | No Comments »
