Pryers solicitors of York have recently won a case involving brain damage to an adult which occurred as a result of anaesthetic negligence. The client in this case had gone in for ECT treatment but unfortunately through the course of that treatment and as a result of him vomiting and then ingesting the contents, his windpipe became blocked and he suffered brain damage as a result of this. The defendant eventually put forward offers to settle, starting at £100,000. This led to negotiations and to the settlement as below. The settlement facilitated purchase of new accommodation which was adapted to the client’s needs, as well as provision of future care. It is thought to be the largest settlement arising from ECT treatment in this country. The case was settled for £500,000.
Large settlement for cerebral palsy child
April 19th, 2010
Here at Pryers solicitors in York we have recently been involved with a case involving a child with cerebral palsy. Normally cerebral palsy cases are brought arising from oxygen starvation in the course of a birth but in this case the allegation was that because of the child’s father’s hereditary condition, the child should have had a full blood transfusion immediately after birth. Failure to carry out the transfusion caused the child to develop jaundice and brain damage. The case was eventually conceded by the Defendant NHS Trust and a settlement was agreed at a round table meeting which included a substantial payment in respect of the damages for the brain damage, future care, aids and equipment and loss of earnings. Additionally by the time of the settlement the family had moved to new accommodation allowing a lift to be installed.
Car crash victim secures ’substantial’ damages
June 11th, 2009
A man whose personality was altered forever after he was involved in a fatal road crash has been awarded compensation to cover his future care.
Marcus Dean Julian, then 19, was a passenger in a car being driven by Jonathan Stephens in 2003, the Plymouth Herald reports.
The driver lost control and the car left the road near Liskeard, rolling over several times. Mr Stephens was killed and Mr Julian suffered significant brain damage, as well as broken bones and internal injuries.
With the help of his family, the victim took legal action against Mr Stephens’ estate and his insurers have now agreed to an undisclosed payout.
Although the exact amount is not known, compensation for brain injury victims is usually more substantial than for other injuries and the sum is likely to be millions of pounds.
Anyone who is involved in a road traffic accident – including passengers in the car which caused the crash – may be able to claim compensation, however, it must be proven that another person or organisation was responsible for the injuries caused.
Hospital pays birth injury victim £1m in compensation
April 9th, 2009
A woman who suffered brain damage at birth is to receive compensation of more than £1 million after the hospital admitted to failings in her care.
Jackie Crothall went into hospital expecting twins in January 1988, but had started to experience difficulties, ThisisHampshire.net attests.
She was in need of an emergency Caesarean, but staff at the Royal Hampshire County Hospital in Winchester failed to recognise this.
As a result, one twin died and the other, Becky Crothall, suffered brain damage that led to cerebral palsy.
Now 21, she is unable to go out alone and cannot be left unsupervised.
Through her mother, Becky took legal action against South Central Strategic Health Authority and has now secured the payout.
Her legal representative said that the money is not a windfall, but a just settlement to pay for Becky’s future care and the assistance she has already received.
According to Scope, one in 400 children in the UK suffers from cerebral palsy. Around ten per cent of cerebral palsy compensation claims are due to complications at birth.
Meningitis claim ‘led to one of UK’s largest compensation payouts’
March 19th, 2009
Figures obtained by a newspaper have revealed that an NHS trust was forced to make one of the UK’s largest payouts for clinical negligence in 2007 after admitting liability for an incident in which a child was left disabled.
Swindon and Marlborough NHS Trust paid £3.6 million in compensation to the unnamed family two years ago, the Swindon Advertiser revealed.
The child in question was taken to the town’s former Princess Margaret Hospital in Okus, which is no longer in operation.
However, he or she did not receive adequate care and was left with permanent brain damage as a result.
Stephen Ellis, a spokesperson for Patient Care, said the payout was justified given the severity of the child’s injuries.
"What needs to be understood about that is we’re talking about children or babies with disabilities they have for the rest of their lives," he pointed out.
The trust paid the family as part of an out-of-court settlement and said it hoped the money would assist them in the future care of their child.
According to the Meningitis Trust, over 500,000 people in the UK have had some form of meningitis.
