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.
Man who suffered hearing loss secures compensation
October 27th, 2009
A man who suffered hearing loss after working in three different noisy environments has been awarded compensation.
John Walton worked at the British Steel Corporation from 1978 to 1983, Darchem Projects from 1985 to 1987 and Turbros Engineering from 1987 to 2007, the Workplace Law Network reports.
All three were noisy to work in and when Mr Walton went for a medical in 2007, he discovered he had occupational hearing loss.
He took legal action against all three employers and it has now been ruled following a hearing that the victim should receive £12,750 in compensation.
GMB spokesperson Billy Coates commented: "It is only right that those deafened through their employer’s negligence should be compensated for the long-term damage to their hearing."
According to the Royal National Institute for the Deaf, workers must have hearing protection available at noise levels of 80 decibels or above and should be made to wear it at 85 decibels.
The organisation states that 500,000 people have suffered hearing difficulties as a result of excessive noise in the workplace.
Man sues supermarket after horrific accident
October 23rd, 2009
A man who worked for Morrisons is suing the supermarket chain after suffering horrific injuries in the car park of one of its stores.
Kevin Brookshaw was arriving for a night shift at the Morrisons store in Crewe in December 2006 when the accident occurred, the Crewe Chronicle reports.
As he drove under the car park’s barrier, it suddenly swung forward and crashed through the windscreen of his car.
Mr Brookshaw’s facial injuries were so severe that his wife Pauline did not know him at first. He will never be able to eat or speak properly again and has to be fed through a tube.
"Kevin was literally unrecognisable. His face was entirely split down the middle and covered in blood," Mrs Brookshaw said.
At a recent hearing, Morrisons was fined for breaching health and safety regulations and has admitted liability for Mr Brookshaw’s injuries. It is thought that he will receive a substantial sum in compensation for his pain and suffering.
The supermarket chain said it has since changed the design of the gates on all its stores.
Anyone who is injured on supermarket premises because of the negligence of the occupier may be entitled to make a compensation claim and should seek the advice of a solicitor specialising in personal injury compensation claims.
£7.1m payout for boy brain damaged at birth
October 14th, 2009
An NHS trust has been ordered to pay out £7.1 million in compensation to a boy who was left brain damaged due to errors surrounding his birth.
Harry Snowdon, now ten, was starved of oxygen after his delivery was delayed for four hours at Oxford’s John Radcliffe Hospital in 1999.
His mother Debra had been given too much of a drug that causes labour and the baby was in distress in the birth canal, but a lack of monitoring led to the devastating errors and Harry was born with brain damage.
He now has no sense of danger and has violent mood swings, meaning that he will never be able to live independently.
This week, Mr Justice Holroyde ruled that the "negligence of the defendants’ medical and nursing staff in the management of his birth" led to his disabilities.
Oxford Radcliffe Hospitals NHS Trust admitted liability and has now agreed to a £7.1 million compensation payout.
"We are relieved the settlement has eventually been agreed and we will not have to worry about what will happen to him when we are no longer around," said Ms Snowdon.
According to the Centre for Neuro Skills, over 1,000 children die or suffer permanent brain injury every year in the UK because of shortage of oxygen around the time of birth.
HSE warning after horticulture industry death
October 7th, 2009
The Health and Safety Executive (HSE) has issued a warning to the agriculture industry following an incident in which a man was killed at work.
Colin Neil McCourt, 55, was an agency worker and was welding a tip bucket at Nutberry Moss Works in Annan in January 2008 when it moved and pinned him against the floor.
He died as a result of his injuries and the HSE prosecuted the owners of the firm, Humax Horticulture.
The company pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974 and was fined £23,300 for the negligence which ultimately led to the accident.
HSE inspector Jean Edgar said: "Employers who take on agency staff … should not provide any lesser standard of health and safety protection for these people than they would for their own employees."
According to additional statistics published on the HSE website, industry sectors with significantly higher than average injury rates in 2007-08 included agriculture, hunting, forestry and fishing, construction and transport, storage and communication.
