Widow secures compensation after teacher’s death

April 6th, 2009

Widow secures compensation after teachers death

A woman who lost her husband to the asbestos-related cancer mesothelioma has secured compensation of £290,000, it has emerged.

The widow, who has not been named, took legal action after her spouse died aged 61 after being exposed to the building material while teaching chemistry in East Sussex for 34 years.

He breathed in fibres and dust while using equipment for science demonstrations and experiments and died in September 2007.

The woman took legal action against East Sussex council and has now secured a payout.

"My husband just didn’t know what danger he was exposing himself to on a daily basis," she commented.

A council spokesperson said the authority strives to provide a safe working environment for staff and pupils.

If a person or their surviving partner can prove they were exposed to asbestos as a result of negligence, a claim for compensation may be made as a result and the advice of a solicitor should be sought.
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Families seek compensation after superbug deaths

March 31st, 2009

Families seek compensation after superbug deaths

The families of 13 people who died as a result of an outbreak of the hospital superbug Clostridium difficile are taking legal action to pursue a possible clinical negligence claim, it has emerged.

According to the Eastbourne Herald, 62 cases of the bacteria have been noted at Eastbourne District General Hospital, where the deaths occurred, since January.

Local MP Nigel Waterman has called for an urgent review into why the hospital has not managed to contain the superbug and the particularly virulent 027 strain, which kills six out of ten people it infects.

The East Sussex Hospitals Trust is now facing legal action from the families of the 13 people who died amid allegations that it did not protect the welfare of its patients.

C difficile mainly affects elderly people who are admitted to hospital to be treated for other problems.

It is an infection of the lower intestine which can cause diarrhoea, ulceration, colitis and perforation of the intestine, which can prove fatal, the Department of Health attests.

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Car crash victim secures compensation

March 31st, 2009

Car crash victim secures compensation

A woman who sustained serious head injuries in a car accident is to receive compensation from a local council.

Sarah Caroline Russell, 53, was driving her son to school in 2004 when the incident occurred, the Argus attests.

It was cold and her car hit a patch of ice near Warnham. Although she steered back onto the road, an uneven verge at the side of the road meant that she overcompensated and again left the carriageway, hitting a tree.

Ms Russell suffered what were described at the high court as "life-shattering" injuries and took legal action against West Sussex county council, claiming that it was at fault for not maintaining the verge and allowing it to deteriorate into a four-inch drop.

A judge has this week agreed that the verge was a "hazard and a defect" and deemed the council to be 50 per cent responsible for Ms Russell’s accident.

The amount of compensation payable will be decided at a later date, but her lawyers believe it will run into six or even seven figures.

Anyone who is involved in a road traffic accident 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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NHS to pay widow compensation after legionnaires’ death

February 5th, 2009

NHS to pay widow compensation after legionnaires death

An NHS trust is to pay a woman compensation after her husband died from contracting legionnaires’ disease while in a hospital.

Paul Duncan, 41, was admitted to Eastbourne District General Hospital in 2007 in order to have chemotherapy treatment for cancer, Eastbourne Today reports.

However, while in one of the hospital’s showers, he was exposed to bacteria and went on to contract legionnaires’ disease.

Mr Duncan died two months later. His widow Clare is seeking compensation from East Sussex Hospitals NHS Trust, alleging that he could have had a bone marrow transplant and lived for another five years if he had not been exposed to the bacteria.

She claims that the hospital did not take sufficient measures to ensure the showers were clean and had not installed legionella filters.

The trust has now agreed to a compensation settlement, although the exact amount has not yet been decided.

Earlier this month, it was reported that a man had won a court case against tour operator First Choice after contracting legionnaires’ disease while on holiday.
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Child brain damaged at birth awarded clinical negligence payout

February 2nd, 2009

Child brain damaged at birth awarded clinical negligence payout

A child who developed cerebral palsy after his birth was poorly managed has been awarded compensation to cover care for the rest of his life.

Oscar Riches, now seven, was born at the Eastbourne District General Hospital, but delays in his birth left his brain starved of oxygen, the Press Association reports.

As a result, he now has little mobility, severe learning difficulties and epilepsy. He is not expected to live beyond his 20s.

His mother sued the East Sussex Hospitals NHS Trust, which admitted that the locum doctor who delivered Oscar was responsible, admitted that a Caesarean should have been performed immediately and agreed to a compensation payout.

Oscar will now receive a lump sum payout of £1.11 million, as well as annual payments for as long as he lives.

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.

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