Harry Trusted and Ben Bradley recover 7-figure award at trial in Chronic Pain case
Harry Trusted and Ben Bradley have obtained an award of c.£1.5m for a former Sergeant Major in the Army Air Corps (net of an agreed liability deduction of 37%; equating to c.£2.4m gross).
On 13 November 2006, the Claimant went into the Defendant’s hospital with the intention of ameliorating his loud snoring. The operation made no difference to that condition and later investigations appear to establish that it could not have achieved that purpose in any event.
However, the Claimant did go on to suffer a significant reactive arthritis arising out of an alleged post-operative infection. Thereafter, he developed symptoms of chronic pain which left him catastrophically injured.
The Defendant challenged expert assertions regarding a pessimistic prognosis, with some of the Defendant’s experts predicting a more optimistic future.
In a judgment handed down on 12 December 2014, Sir David Eady awarded the Claimant significant sums including awards for loss of earnings/pension loss (reflecting loss of an Army career), care and accommodation.
The Claimant beat his own Part 36 offer. In accordance with the new Part 36 rules, the trial judge awarded interest on costs and damages, and that an additional penalty of £75,000 should be paid under CPR 36.14(3)(d).
A copy of the judgment can be found here.
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Barristers: Harry Trusted | Ben Bradley