Disabled boy wins clinical negligence claim

November 9th, 2009

Disabled boy wins clinical negligence claim

A boy has been awarded more than £250,000 in a clinical negligence claim against Plymouth Hospitals NHS Trust.

Grant Hembry of Plymouth, who is now 11, was awarded the money after a medical blunder during his birth left him with shoulder dystocia, a condition that meant he was unable to use his right shoulder, arm and hand because of nerve damage.

He was awarded £270,795, including £60,000 for the pain and suffering caused by the incident, after the Trust admitted clinical negligence, reports The Herald.

A spokesman for the Trust said: "We were extremely disappointed by this [incident] and apologise for it as we strive to provide the highest possible standard of care to all of our patients."

Last month, a ten-year-old boy was awarded £7.1 million in a clinical negligence claim against Oxford Radcliffe Hospitals NHS Trust.

Harry Snowdon of Oxfordshire suffered brain damage as a result of complications with his birth.
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TUC supports compensation bid for pleural plaques sufferers

September 21st, 2009

TUC supports compensation bid for pleural plaques sufferers

The Trades Union Congress (TUC) has spoken out in support of a motion that calls on the government to provide compensation for sufferers of pleural plaques.

Trade body the Union of Construction, Allied Trades and Technicians (Ucatt) believes that the government should overturn the Law Lords ruling made in 2007 which states that people suffering from pleural plaques should not receive compensation.

Pleural plaques occur when the lining of the lung swells, mostly due to asbestos exposure. Victims may be at risk of developing more serious asbestos-related diseases like mesothelioma later on in life.

Commenting on the current law, Ucatt president John Thompson said it is unsuitable and that he hopes Labour will change its stance, adding: "In Barrow, South Shields, Plymouth and other asbestos-blighted towns, it is a crucial test of the morality of this government."

After the TUC gave support to the motion, Gordon Brown has said that a statement on pleural plaques is to be made after parliament returns from its summer break.

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Wrigley’s pays out after employee is injured

July 14th, 2009

Wrigleys pays out after employee is injured

Business giant Wrigley’s has been forced to pay out after an employee suffered a serious injury in one of its factories.

Philip Pontz, 30, had been working at one of the company’s factories in Plymouth in January 2007 and was attempting to clean a production line, the BBC attests.

However, there were no guards on the belt and the worker was pulled in, where he sustained serious nerve and muscle damage to his arm.

Mr Pontz needed six hours of surgery to repair the damage and has still not been able to return to work.

The Health and Safety Executive investigated the case and found that there had been a "culture of complacency" at the factory since managers had known about the unguarded machinery for some time.

Wrigley’s was ordered to pay out £150,000 for its negligence and said it was "deeply sorry" for its failings towards Mr Pontz.

Established in the UK in 1911, Wrigley’s opened its Plymouth site in 1970 and over 600 people are now employed there.

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Car crash victim secures ’substantial’ damages

June 11th, 2009

Car crash victim secures substantial damages

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.
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Amputee secures six-figure sum in compensation

May 5th, 2009

Amputee secures six-figure sum in compensation

A man who had to have his leg amputated below the knee after falling from a ladder at work is to receive a six-figure sum in compensation.

William Edge, 64, was working for the building firm Ardmore Construction in September 2005 when he slipped off a wet ladder and fell three metres onto solid concrete, the Plymouth Herald reports.

He broke his right ankle, but it became infected and after eight operations, the decision was made to amputate Mr Edge’s leg 16 months later.

The victim said that the accident has left him traumatised and unable to carry on with his career, as well as being unable to participate in sports.

"I’ve worked all my life and it’s been hard adjusting to this. I’d always intended to work until I was 65," he added.

Ardmore Construction has now agreed to pay Mr Edge an undisclosed sum of compensation in an out-of-court settlement.

Under the Work at Height Regulations 2005, every employer should make sure that work is not carried out at height when it can be successfully carried out at ground level.

Where work at height is carried out, employers are legally obliged to take adequate steps to prevent falls.
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