UK Injury Compensation News

A schoolgirl, who was pricked by a syringe needle that had been left among the bedclothes of the Dublin hotel she was spending the night in, has had a settlement of discarded syringe needle compensation approved at the Dublin Circuit Civil Court.

Amy Kane (14) from Dundonald, Belfast, was staying overnight at the Castleknock Travel Lodge, Dublin, in June 2009 when she pricked her elbow on a discarded syringe needle in the bed linen as she was settling down to sleep.

Amy was taken to the hotel reception, where first aid was applied to the wound on her arm, but on her return to Belfast the following day attended her family doctor. The doctor arranged for blood tests to be carried out at the Ulster Hospital in Dundonald and Amy had to endure a three-month wait for test results to see if she had been infected by the discarded syringe needle.

Mr Justice Matthew Deery heard that the results were negative for hepatitis and HIV, but that Amy had suffered from anxiety trauma during the wait. He was also told that the hotel had accepted liability for Amy´s injury and that a settlement figure of 17,500 Euros had been agreed. Mr Justice Matthew Deery approved the settlement of discarded syringe needle compensation, wishing Amy well for the future.

An Irish tourist, who sustained head and neck injuries when a poolside lounger collapsed while she was sitting on it, has been awarded 38,000 Euros in holiday sun lounger injury compensation by a court in Dublin.

The Dublin Circuit Civil Court heard how Mary Lee (74) from Navan, County Meath, was enjoying a week´s break with her husband at the Hotel Galeazzi in Brescia, Italy, when the sun lounger on which she was reclining collapsed, causing Mary to fall to the floor and hit her head on the concrete poolside.

As she sat up, Mary felt disorientated and dizzy, and was immediately taken to the local hospital in Brescia where she was diagnosed with severe soft tissue injuries to her head, neck and spine. Mary was prescribed painkillers at the hospital, but continued to suffer from the pain of her injury and was bedbound for the remainder of her holiday.

On her return to Navan, Mary visited her local GP and was prescribed stronger painkillers. Unfortunately the pains continued in Mary´s neck and shoulders and she was unable to pursue a normal life. After taking legal advice, Mary made a claim for holiday sun lounger injury against the travel agents through which she had booked her holiday – The Travel Department of Fitzwilliam Square, Dublin.

The Travel Department denied liability for the injuries Mary had suffered and sought to have the owners of the hotel brought into proceedings as third party defendants. However, at the Circuit Civil Court Judge Jacqueline Linnane found in Mary´s favour and awarded her 38,000 Euros in holiday sun lounger injury compensation.

A Philadelphia construction worker, who sustained multiple leg fractures and a spinal injury when a poorly-braced wall fell on top of him, has settled his claim for broken leg on construction site compensation for 2.6 million dollars.

Jairo DaSilva-Viero was working on the Dobson Mills Apartment site in East Falls, Philadelphia in May 2007 as a wall framer, when a poorly-braced wall fell onto him – breaking his hard hat and causing him to sustain multiple fractures in both legs and a spinal injury.

After making a partial recovery, doctors advised Jairo that he was unlikely to work again as a construction worker and, after seeking legal advice, he made a claim for broken leg on construction site compensation against the owners of the site – Winther Investments.

It was claimed in the action that the company who had been sub-contracted to brace the walls – Mega Construction Corp. – were supposed to be supervised by the general contractor, Tocci Commercial. Tocci Commercial, it was alleged, did not have sufficient resources or knowledge to competently maintain site safety and despite knowing this, Winther Investments ignored the problem.

The claim concluded that ultimate responsibility for the health and safety of construction workers building the Dobson Mills Apartments rested with Winther Investments, and as they had allegedly failed in their duty of care by hiring Tocci Commercial and then declined to address mounting safety issues at the site.

The settlement of broken leg on construction site compensation was agreed shortly before the case was to be heard at the Philadelphia Court of Common Please before the Honourable John A. Lord.

The family of a six-year-old girl, who were told their daughter was well enough to return home when suffering from pneumococcal meningitis, are to receive an anticipated seven figure payout in compensation for misdiagnosis of meningitis.

Kate Pierce from Wrexham, North Wales, was just nine months old when she developed the infection and was taken to Wrexham´s Maelor Hospital. A junior doctor diagnosed Kate with viral tonsillitis and told her parents it was safe to take her home. When asked if they could have a second opinion, Kate´s parents were told that the advice of a senior doctor had been sought when it in fact had not.

Kate´s parents took the little girl home but, when her condition deteriorated further, returned to the hospital the following day. On their return Kate was correctly diagnosed with pneumococcal meningitis and transferred to Liverpool´s Alder Hey Children´s Hospital. However, Kate had already sustained severe brain damage and now suffers from chronic lung disease, severe epilepsy and is registered both blind and deaf.

The family took legal advice about claiming compensation for misdiagnosis of meningitis and sued the Betsi Cadwalader University Health Board for medical negligence – claiming that the severity of Kate´s condition could have been avoided if she had been diagnosed correctly. After an investigation into the allegations, Betsi Cadwalader University Health Board admitted 75 per cent liability for Kate´s injuries and, at Mold County Court, a judge heard that a compromise situation had been reached.

How much compensation for misdiagnosis of meningitis Kate´s family will receive will be decided at a hearing later this year.

An eleven-year-old girl, who suffered catastrophic injuries due to avoidable errors made prior to her delivery, has had a settlement of compensation for negligent foetal monitoring approved at London´s High Court.

Milly Evans from Cranwell in Lincolnshire was born at the Lincoln County Hospital on 1st March 2001, but shortly after her birth suffered a seizure which resulted in her developing cerebral palsy. Her injury was of such severity that Milly is now confined to a wheelchair, requires 24 hour care and communicates through sophisticated eye-gaze equipment.

The seizure was attributed to negligent observation shortly before the delivery which, if the baby’s heart had been properly monitored, would have shown that the foetus was distressed and Milly´s birth would have been brought forward – avoiding her catastrophic injuries.

Although United Lincolnshire Hospital NHS Trust admitted liability for Milly´s injuries, the amount of compensation for negligent foetal monitoring was contested and, due to the delay, Milly´s father – Andy Evans – had to give up his career as a Red Arrows pilot.

Sir Robert Nelson at the High Court heard that an agreement had now been reached on a compensation for negligent foetal monitoring package which consisted of a lump sum payment of 5.86 million pounds and lifelong annual periodic payments increasing over time to 204,000 pounds per year.

Speaking after Sir Robert Nelson had approved the settlement, the Evans family said that the money would be used to construct a specially adapted home which would be big enough for Milly to have access to all the rooms and include a hydrotherapy pool.

The government´s justice minister, Jonathan Djanogly, has announced that “No Win, No Fee” asbestos claims and claims for compensation for asbestos-related diseases will be exempt from the changes being introduced in the Legal Aid, Sentencing and Punishment of Offenders Bill later this year.

Under the original plans to reform No Win, No Fee Conditional Fee Agreements (CFAs), the government was keen to remove access for all claimants to no-win, no-fee legal representation, but the Department of Justice has bowed to pressure from the Lords and from campaigners to exempt those suffering from mesothelioma cancer, asbestosis and diffuse pleural thickening.

In a statement to the Commons, Mr Djanogly said there had been “careful reflection about the special case of mesothelioma sufferers”, and a delay would now be imposed to the removal of access to No Win, No Fee asbestos claims. Mr Djanogly also said the government was looking at ways of making it easier for sufferers and their solicitors to trace their former employer’s insurers.

Shadow justice secretary Sadiq Khan welcomed the concession for No Win, No Fee asbestos claims, telling the House “The key question here is should victims of industrial diseases like mesothelioma have to hand over part of their damages to their lawyers and insurer, or should the wrongdoers fund the cost of the successful litigation?”

Estimates of how much compensation for teachers injuries was paid in 2011 suggest that more than 25 million pounds was awarded in damages for avoidable injuries both inside and outside the classroom last year – up 25 per cent from 2010.

Representatives of the UK´s leading teaching unions admitted that the amount of teachers injury compensation that was paid out in 2011 was a waste of taxpayers´ money and created a hole in the education budget, but blamed school heads and councils for failing to protect staff properly.

They pointed to several substantial settlements which were paid as compensation for teachers exposed to asbestos and compensation for teachers injuries due to a physical assault by a parent or student – one such incident resulting in the teacher sustaining permanent brain damage.

Among reasons given for the most frequent claims for teacher injury compensation were trips and slips on school property, injuries sustained due to criminal attacks and employment disputes, where teachers claimed they had been wrongly dismissed, discriminated against or ill-treated by their employers.

Union leaders also highlighted the increased amount of stress that teachers are placed under due to excessive workloads and claimed that this led to staff taking more short cuts – with one teacher successfully claiming compensation for a classroom fall after trying to erect a class display while standing on a desk.

Chris Keates – General Secretary of the NASUWT union – said “Employers who deliberately flout the law are not only causing distress, ill-health and job losses; they are costing taxpayers millions of pounds. Behind each of these cases is a person whose life has been damaged through serious injury or unfair dismissal from their chosen career.”

The House of Lords was addressed last week by Baroness Taylor of Bolton who brought to the Lord´s attention an increasing risk of injury due to PPD in hair dye.

An hour-long “debate” was scheduled in order that the Baroness could raise awareness of the dangers associated with the chemical para-Phenylensiamine (PPD) and ask the Government what steps were being taken to advise consumers in the UK of the risk of injury due to PPD in hair dye.

Baroness Taylor quoted a report that had been published in the British Medical Journal which claimed that 8 per cent of allergic skin reactions treated in hospital were attributable to PPD and that this percentage was increasing on an annual basis.

Lady Taylor – supported by Baroness Randerson, Viscount Montgomery of Alamein and Lord Collins of Highbury -  called on the Government to improve the labelling on hair products containing para-Phenylensiamine to advise people of the risk of injury due to PPD in hair dye.

In response, Baroness Wilcox – Parliamentary Under-Secretary of State representing the Government – stated that the labelling of para-Phenylensiamine in hair dye was regulated by the European cosmetic products directive and was implemented into UK law as the Cosmetic Products (Safety) Regulations 2008.

However, Baroness Wilcox advised the House that the European Scientific Committee on Consumer Safety was currently investigating the risk of injury due to PPD in hair dye and a report on their findings was due to be released in June. She said that the Government would participate in any co-ordinated campaign that emerges to protect the British consumer.

PPD in hair dye was blamed for the death of 17 year old Tabatha McCourt last October and for the condition of Julia McCabe, who remains in a coma after collapsing last year due to an alleged severe allergic reaction to para-Phenylensiamine.

Payments of compensation for injuries to police officers injured in the line of duty have totalled more than 12 million pounds in the past five years, according to details released through a freedom of information request.

The figure of 12,109,426 pounds was arrived at after 43 of the 47 police forces in England and Wales responded to the request, and includes payments of compensation for injuries to police officers working in the Civil Nuclear Constabulary and British Transport Police. In addition to the four police forces who did not respond to the request in sufficient time for the report to be compiled, no consideration was made for numerous compensation claims for injuries to police officers which are still in progress.

The three police forces with the highest levels of compensation for injuries to police officers over the past five years were Greater Manchester Police, Hertfordshire Police and West Midlands Police who, between them, accounted for 4.8 million pounds in compensation payments, while the biggest individual sum of 550,000 pounds was paid to a civilian police employee who slipped on an icy car park and fractured her elbow.

There are many different circumstances in which compensation for injuries to police officers can be claimed, and “headline” awards do not always tell the full story. In the event that you, or somebody close to you who works in the emergency services, has sustained an injury in the line of duty for which you were not totally to blame, it is in your best interests to seek independent and impartial legal advice from an experienced personal injury solicitor.

A woman, who had to undergo a tracheostomy operation after a negligent doctor severed a nerve in her neck in a previous surgical procedure, has won an undisclosed settlement of compensation for windpipe injury.

Joanne Roche (42) from Bridlington, East Yorkshire, underwent the origin operation in February 2008 at the Scarborough Royal Infirmary when she was admitted for routine surgery to remove a thyroid gland. However, when she awoke from the anaesthetic, Joanne knew immediately that something was wrong.

The surgeon who had conducted the operation – Dr Nayef El-Bhargouti – had severed a nerve to Joanne´s vocal chords, which were blocking her airways, leaving her struggling to breathe whenever she lay back and unable to talk.

Although she was allowed to leave hospital, and even return to her part-time job as a health-care assistant, Joanne´s condition failed to improve. Four months after her initial operation she had to undergo a tracheostomy operation to insert a tube into her throat to enable her to breathe more clearly.

Joanne, initially had no intention of making a claim for windpipe injury compensation, but after the tracheostomy had been inserted, Joanne was unable to speak without placing a hand over the opening in her throat, has become more prone to infections and has to avoid family events – such as swimming – where there is a risk that water may get into her lungs.

After taking legal advice, Joanne made a medical negligence claim against Dr Nayef El-Bhargouti and the Scarborough and North East Yorkshire Trust. In the course of constructing the claim, Joanne´s solicitors discovered that Dr Nayef El-Bhargouti was not skilled in thyroid surgery and her operation had been done in half the time it should have.

Joanne made a complaint to the General Medical Council, who suspended the doctor from practising. After such a clear indication of liability, the Scarborough and North East Yorkshire NHS Trust made an undisclosed offer of compensation for windpipe injury which Joanne accepted and which will enable her to afford special breathing apparatus so that she may enjoy swimming with her children once again.

The Clinical Director of the Medicines and Healthcare products Regulatory Agency (MHRA) has stated that there will be no metal on metal hip implant recall following data published in the Lancet which demonstrated that as many as 6.2 per cent of all metal on metal hip implants will fail within the first five years.

Dr Susanne Ludgate made the announcement after researchers from the University of Bristol analysed more than 400,000 hip replacement operations recorded on the National Joint Registry since 2003, and published their findings in the world´s most respected medical journal.

The research showed that 6.2 per cent of all metal on metal hip implants had failed within the first five years, compared to 1.7 per cent of metal on plastic hip implants and 2.3 per cent of ceramic on ceramic hip implants.

A higher level of hip implant failure was identified in women – particularly younger women who may lead a more active lifestyle – and metal on metal hip implants with a “large head”, with the report stating that each 1mm increase in head size increased the risk of revision surgery by 2 per cent.

The refusal of the MHRA to recall metal on metal hip implants will come as no surprise to those who have been following the DePuy hip recall story. Only two weeks ago the MHRA was criticised on BBC´s NewsNight program for allowing metal on metal hip implants to be introduced into the UK without any clinical testing.

The MHRA response was to announce that all recipients of metal on metal hip implants should have annual testing for the life of the implant to ensure the integrity of the hip replacement system and to check against displaced metal debris entering the bloodstream. However, the growing volume of data which suggests that there should be a metal on metal hip implant recall has not swayed Dr Ludgate.

“We recognise that there is emerging evidence of increased revision rates associated with large head metal on metal hip replacements,” Dr Ludgate told reporters, “but the clinical evidence is mixed and this does not support their removal from the market”.

A man, who sustained arm and wrist injuries after falling from his bicycle when hitting a pothole in the road, has won his claim for cyclist fall in pothole compensation against his local council.

 James Tarrant (62) from Windsor, Buckinghamshire, was cycling to work early one morning in October 2008 when his bicycle fell into a pothole which had formed adjacent to a manhole cover on Bangor Road, Iver. In addition to sustaining arm and wrist injuries, James also had to undergo dental treatment to have a tooth extracted as a result of his accident.

After seeking legal advice, James made a fell in pothole compensation claim against Buckinghamshire County Council, alleging that the road was in a bad state of disrepair and, although he had his bicycle lights on, the road was so poorly lit that he only saw the hazard when it was too late to take evasive action.

After their own investigation into the accident, Buckinghamshire County Council admitted liability for James´ injuries and awarded him 4,191 pounds for cyclist fall in pothole compensation to account for his pain and suffering and the cost of dental treatment.

A cameraman who was injured in a fall from height accident while working on the set of the new Keanu Reeves film – 47 Ronin – is to receive film set injury compensation after an investigation by the Health and Safety Executive (HSE).

The unnamed 62-year-old was working on the film set at the Shepperton Studios, Middlesex, in May 2010, when he fell through an unguarded opening in the floor. Despite falling more than 3 metres, the cameraman escaped with bruises and a suspected broken rib.

The HSE investigation found that, although temporary guard rails had been erected on some of the set, set-edge protection had been omitted in certain areas to ensure that the set maintained an authentic look of eighteenth century Japan.

Warrior Productions Ltd – the company responsible for the UK production of the film – was fined 300 pounds for being in breach of Regulation 6(3) of the Work at Height Regulations 2005 and ordered to pay the cameraman 300 pounds compensation for a fall from height.

A Newcastle Falcons rugby player, who had to finish playing rugby due to an Achilles tendon injury, has won a substantial compensation for career ending injury settlement against the insurance company who originally declined his claim.

Jason Oakes (34) from Shotley Bridge, County Durham, made only 30 appearances as a lock forward for the Newcastle Falcons before an Achilles tendon injury ended his career in 2008. Although he had taken an insurance policy to provide financial assistance in the event of a serious injury, the insurance company declined his claim for Achilles tendon injury compensation on the grounds that his injury was due to a pre-existing degenerative condition.

Jason disputed the decision and, with the assistance of a personal injury solicitor and the club doctor from the Newcastle Falcons, made a claim for career ending injury compensation against the insurance company – alleging that the medical evidence compiled by the insurance company´s doctors was unsustainable.

After seeing the case made against them, Jason´s insurers backed down and settled his compensation for career ending injury claim to include the payment for the original Achilles tendon injury claim, compensation for insurance bad faith, interest and costs.

A court in Leicester has heard how an elderly pensioner was paid an undisclosed amount of compensation for leg injury in Tescos after she was hit by a pallet trolley in her local store.

The hearing, which was called to determine the severity of the health and safety fine after Tescos admitted liability for the injury, heard how Angela Pownell (80) from Beaumont Leys, Leicestershire, had been hit on the leg by the pallet trolley while shopping with her husband in August 2009.

District Judge John Temperley heard the impact of the pallet trolley – which was heavily laden with boxed televisions – had torn lumps of skin away from Angela´s leg and she was rushed to Leicester Royal Infirmary where she received stitches and painkillers for her injuries.

The court was told that a district nurse was required to visit to change Angela´s dressing  daily after the accident in Tescos, and that she suffered psychological injuries thereafter. Angela´s husband, John, testified that Angela lost her confidence after the injury and would not go anywhere without holding somebody else´s hand.

Angela and John had accepted an undisclosed compensation for leg injury in Tescos settlement and, after hearing that the warehouseman who had been pulling the pallet truck at the time admitted that he had not seen Angela, District Judge John Temperley fined Tescos 20,000 pounds and ordered them to pay 24,500 pounds in costs.

A man, who suffered a catastrophic brain injury after the driver of the car in which he was travelling lost control of his vehicle, has had a negotiated settlement of compensation for injured front seat passenger approved in court.

Marc Dallaway (24) from Farnborough, Hampshire, was the front seat passenger in a car being driven by a friend towards the A323 Fleet Road, when his friend lost control of the vehicle and hit another car travelling in the opposite direction. The car overturned after the collision and Marc suffered multiple fractures and a catastrophic brain injury as a result of the accident.

Marc´s mother and grandfather made a car crash injury compensation claim on Marc´s behalf and the Royal Courts of Justice in London heard that, since the collision in May 2006, Marc has made a better recovery than had been expected but still needs 24 hour care and rehabilitation support – and will do so for the rest of his life.

The Court also heard that the driver had admitted liability for the accident and that Marc had already received a lump sum and interim payments of compensation for injured front seat passenger. This had enable Marc´s family to purchase a suitable home and provide the care that Marc has required for the past five years.

The final settlement figure was not revealed by the Court, but is anticipated to be above 1 million pounds.

After last month´s news of a catastrophically injured cyclist who received compensation for a hit and run accident, another cyclist has been awarded hit and run compensation after the car driver that knocked him from his bike was traced and charged with reckless driving.

Jack Dixon (59) was cycling from his local station to his home in Great Waltham, Essex, during a September evening in 2010, when a car cut left immediately in front of him to avoid some temporary traffic lights that were situated directly ahead. The car hit the front wheel of the cycle with force, and sent Jack tumbling onto the road – leaving him with a fractured shoulder blade and a dislocated shoulder.

The motorist sped off, but a bystander who had witnessed the accident gave chase and was able to take down the car´s registration number. Police and solicitors working on behalf of Jack were eventually able to track down the reckless motorist, who admitted liability for accident and Jack´s injuries. The solicitors contacted the driver´s insurance company, and a settlement of 11,000 pounds hit and run compensation was negotiated.

A self-employer joiner, who was left semi-paralysed when an 8 foot piece of plyboard hit him during a storm, has been awarded more than a million pounds in compensation for injury due to insecure load in an out of court settlement.

Christopher Holmes (34) from Peterborough, Cambridgeshire, was working on the roof of Longsands College in St. Neots in November 2007 when the tragedy occurred. While in the process of covering insulation which had been laid on the roof, a gust of wind caught the 8 foot piece of plyboard and blew it straight at Christopher – knocking him unconscious.

Christopher was rushed to Addenbrooke´s Hospital, where doctors diagnosed him with a severe spinal injury. Despite many return visits to the hospital for specialist treatment, Christopher – a father of three young children – is now semi-paralysed, unable to move his fingers or legs and requires round-the-clock care.

After seeking advice from solicitors, Christopher made a personal injury compensation claim against the contractors for the site – the nationwide firm R.G. Carter Construction Ltd – claiming that the plyboard which hit him should have been secured to prevent such an accident. Four years after his injury occurred, liability was admitted and a seven figure settlement was agreed in compensation for injury due to insecure load.

A former miner, who was exposed to asbestos fibres during an eighteen year period working in two Nottinghamshire collieries, has been awarded 73,890 pounds compensation for mesothelioma cancer by a judge at London´s High Court.

Dennis Ball (92) from Beeston, Nottinghamshire, worked at the Sutton Colliery and the Moorgreen Colliery between 1967 and 1985 where, it had been alleged, he was exposed to asbestos fibres which were responsible for the development of mesothelioma cancer.

Mrs Justice Swift at the High Court heard how Dennis had been in good physical health and living independently in his home, prior to being found lying on the floor of his flat struggling for breath in March 2010. Dennis was subsequently moved to a care home and diagnosed with mesothelioma cancer.

In his claim for compensation for mesothelioma cancer, it was alleged that the National Coal Board failed to warn Dennis against the risk of exposure to asbestos and offered no form of personal protective equipment. Liability was admitted by the Department of Energy and Climate Change who now administer liabilities on behalf of the National Coal Board and British Coal Corporation.

Mrs Justice Swift awarded Dennis 73,890 pounds compensation for mesothelioma cancer, which included 50,000 pounds for his pain, suffering and loss of amenity and a further 20,000 pounds for the years of his life he will undoubtedly lose.  Commenting on the award, Mrs Justice Swift said “Mr Ball’s age means that he does not have the distress of knowing that many years, even decades, of his life have been denied him. Importantly, however, the onset of illness forced him to leave his home and thus to lose his independence.”

A BBC Newsnight report, prepared in conjunction with the British Medical Journal (BMJ), has made faulty hip replacement claims against the manufacturers of metal-on-metal hip replacement systems and accused the Department of Health of failing in its duty of care to almost 50,000 hip implant patients.

The program, which was aired last night on the BBC, claimed that problems with metal-on-metal hip implants had been known for many years, but no action had been taken to inform orthopaedic surgeons or patients, or to stop the use of faulty hip replacement systems in the UK. The report claimed that all “large head” (≥36mm) metal-on-metal hip replacement systems had a high failure rate due to friction between the ball and cup causing metallic ions to enter the blood stream and cause tissue necrosis and other complications.

Evidence of the claims was produced using the DePuy Pinnacle hip replacement system as an example, which was introduced into the country without any clinical tests, and that was producing test results as early as 2008 which indicated up to fifty times the normal level of chromium in the blood streams of patients having to undergo revision surgery. It was reported on the program that the Medicines and Healthcare products Regulatory Agency (MHRA) said on Tuesday around 49,000 patients in the UK were in a high-risk category due to potential system toxicity.

The MHRA – the Department of Health agency responsible for ensuring that medical devices work and are acceptably safe – was also attacked on the program for allowing the faulty hip replacements to be introduced into the UK without any clinical testing, and for accepting the recommendations of a benefit/risk assessment panel established in 2008 which included consultants and a director of product development from the faulty hip replacement manufacturing companies.

In response to the faulty hip replacement claims, Professor Sir Kent Woods – MHRA´s Chief Executive Office – said that there were fundamental differences between the way the drugs and medical devices were introduced into the healthcare market, and his agency would continue to work with the British Hip Society and British Orthopaedic Society to analyse the rate of wear of metal-on-metal hip implants according to the data collected on the National Joint Registry.