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Clinical negligence case sees settlement worth over £16.5 million

Alison McCormick has recently achieved a settlement worth over £16.5 million in a clinical negligence claim for a 14 year-old boy who suffered a brain injury after surgery at the age of two.

The Claimant had a rare congenital condition which affected his kidney function.  He underwent routine surgery to remove his tonsils; however, due to errors in surgical after care, he suffered severe dehydration causing hypoxic brain injury.

Although liability was admitted at an early stage, it was necessary to delay the assessment of quantum to gauge how the Claimant developed.

He exhibits significant deficits in intellectual ability, memory, and attention with mild gross and fine incoordination.  He also presents with behavioural, social and communication difficulties.  He will not be capable of independent living or working; however, his life expectancy has not been impaired either by his underlying condition or by his brain injury.

In accordance with expert financial advice, the Claimant accepted variable periodical payments for care and case management and a lump sum for other heads of loss.

Although the experts agreed that the Claimant has a normal life expectancy, the Defendant contended that the life multiplier should be calculated by reference to  historic Life Tables rather than projected mortality figures, because the Claimant might well not have the benefit of the increase in projected mortality as a consequence of his underlying congenital kidney condition.

Also in issue between the parties was the impact of the Claimant’s underlying condition on his life style and career prospects.

It was difficult to set up a care regime in this case, and paid carers have only recently been introduced.  It was agreed that the Claimant required one carer during the day and sleep in night care.

The impact of the current discount rate on accommodation claims was also an issue.  In the counter schedule the Defendant did not allow any damages for the capital cost of purchasing appropriate accommodation.

Alison was instructed by Julie Hardy of Barratts solicitors in Nottingham.  The award represents the highest settlement for Barratts to date.

Alison McCormick’s practice is Claimant focused, specialising in the fields of personal injury and clinical negligence. Her clinical negligence practice includes a wide variety of different types of cases arising out of general practitioner, surgical and anaesthetic negligence across many disciplines, including orthopaedics, neurology, oncology, gynaecology and obstetrics.

To instruct Alison or to find out more about her practice, please contact Graham Woods, Business Development Director.

News 13 Jul, 2018

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