Here at Pryers solicitors of York we are pleased to say we’ve settled a case for a man after replacement hip surgery. This clinical negligence case involved a hip replacement that went wrong on a man of 60 years. As a result of the hip replacement, the surgeon caused the prosthesis to fracture the femur which allowed a pocket of infection to develop. This caused the Claimant to require significant revision surgery and then for the full removal of the hip whilst the infection was cleared. As a result of his injuries he was ill health retired from his long standing employment. The matter proceeded against the individual’s surgeon because the treatment was private. At the final hearing the Defendant fully conceded liability for clinical negligence and causation and the case settled with a payment reflecting his pain and suffering, his loss of earnings and also the need for him to move to single storey accommodation. Interestingly, in this case the Defendant had offered £235,000 in settlement but at the final hearing the case settled without any evidence being given with the Defendant increasing up to £435,000 in settlement which was acceptable to the Claimant.
Biker sues Suzuki for compensation over ‘defective’ product
July 22nd, 2009
A keen motorbike rider is suing Suzuki after claiming that one of the company’s bikes fell apart while he was riding it.
Alan Jackson, 29, had been in training for the Isle of Man Grand Prix in August 2006, when he alleges that the GSX-R750 split into two at 80 miles per hour.
The rider was airlifted to Liverpool for hospital treatment, but was still left with one leg shorter than the other due to the severity of his injuries.
He also had to give up his £40,000 a year job on the grounds of ill health and is now seeking compensation from Suzuki for negligence.
Mr Jackson claims that the welds on the bike had not been strong enough and had not been tested prior to being sent for sale.
A spokesperson for Suzuki declined to comment.
Under the Consumer Protection Act 1987, if a product causes injury, the manufacturer is responsible as long as it can be proven that the product was less safe than the consumer could reasonably expect.
Sandhurst soldier secures compensation after suffering ‘horrendous injuries’
July 3rd, 2009
An officer who was badly hurt when he jumped from a bridge into a reservoir is to receive millions in compensation after a judge deemed that he had been under pressure to do so.
Charles Radclyffe, 30, was an officer in the Irish Guards in 2003 when he was carrying out duties in Germany, the Salisbury Journal reports.
His senior officer told him he should make the 65-foot leap to prove his bravery and that it would be "bad form" if he did not.
Although they were not on duty at the time, Mr Radclyffe felt under peer pressure to do so and made the jump. However, he landed in the shallow water on his knees and was left disabled.
He had to use a wheelchair for several months and still needs crutches.
An appeal court judge this week ruled that the leap was "not solely his own freely made decision" and ruled that he should receive compensation.
This is likely to run into millions of pounds and Mr Radclyffe is also to receive a £200,000 advance damages payment from the Ministry of Defence.
The Armed Forces Compensation Scheme, established in 2005, provides compensation for all injuries, ill health and deaths that occur mostly during service.
Worker secures damages payout for broken thumb
April 21st, 2009
A man who broke his thumb in two places has secured compensation from his employer.
Anthony Lacey, who worked at Camas UK in Leicestershire, was asked to replace some plating on a piece of machinery in May 2007.
However, he had not been informed that due to a change in company practice, the plating was no longer glued all around the edge. Consequently, when he tried to prise it off with a crowbar, it came off quickly and a magnet landed on his thumb.
It broke in two places and Mr Lacey was left in pain.
He took legal action against Camas UK, which has now admitted liability and agreed to a £6,000 out-of-court settlement.
The victim’s union representative Andy Worth said: "It is unacceptable that Mr Lacey was not forewarned about the new method. This accident could easily have been avoided with proper procedures to tell employees about new working practices."
According to the Royal Society for the Prevention of Accidents, more than 36 million days are lost due to work-related accidents and ill health every year.
Six-figure compensation likely for MoD Nimrod victims
March 30th, 2009
The Ministry of Defence (MoD) has made an admission of liability for the deaths of 14 servicemen in Afghanistan three years ago.
In what is being described as a legal landmark, the organisation admitted that there were significant failings in the protection of the servicemen – including inadequate fire protection – after legal action was brought about by the families of Sergeant Benjamin Knight, 25, and Flight Lieutenant Steven Swarbrick, 28.
The RAF Nimrod XC230 vehicle exploded in mid-air after refuelling on September 2nd 2006, killing all on board.
A statement from the MoD said: "The defendant owed to the deceased a duty of care and the accident was caused by a breach of that duty of care."
The new development could provide new hope for other families hoping to claim damages from the MoD, since the compensation is likely to run into six figures.
The Armed Forces Compensation Scheme, established in 2005, provides compensation for all injuries, ill health and deaths that occur mostly during service.
