UK Injury Compensation News

A North London Council has announced that it will be revising the frequency at which it inspects and repairs potholes in its streets in a bid to reduce pavement pothole injury claims.

Haringey Council´s decision to invest more money into maintaining its streets and pavements follows a seven-figure compensation settlement paid to Kyle Bullock earlier this year after the Australian charity worker suffered brain damage due to tripping and falling over a seven-centimetre pothole in the pavement on Lightfoot Road, Hornsey.

An investigation following the accident revealed that Haringey Council´s policy of inspecting its roads once every six months – and only attending to potholes of six centimetres depth or more – was producing a false economy; as the money that was being saved in road maintenance was being used to settle pavement pothole injury claims and insurance claims from motorists whose vehicles were being damaged by the poor condition of the road.

A spokesperson from Haringey Council announced that the roads within the borough would be inspected more frequently; with action being taken within six days (rather than the current twenty-eight days) on potholes with a depth of three centimetres or more. The improvements to the roads and pavements within Haringey are expected to be completed within six months at a cost of £109 million.

A young woman, who was told she would never walk again after an accident on the River Orwell, has had a settlement of injury compensation for a boat accident approved in the High Court.

Rebecca Coles from Basildon in Essex sustained devastating injuries in a powerboat accident in May 2008 when she was just 14 years of age. Rebecca was being towed on an inflatable rubber ring behind a powerboat on the River Orwell, when the driver of the boat swerved to avoid a yacht. The action of the powerboat driver caused the inflatable rubber ring to swing round and smash into the bow of another boat, causing Rebecca to sustain life-threatening injuries.

Rebecca was taken to Addenbrooke´s Hospital in Cambridge, where she underwent emergency surgery to have part of her skull removed and a titanium plate fitted. Despite her operation, the part of Rebecca´s brain that controlled her movement was so badly damaged that doctors advised her she would never walk again. The brain damage was also responsible for Rebecca suffering permanent damage to her peripheral vision, losing 40 percent hearing in her right ear and experiencing dexterity issues with her left arm.

Through her father – Steve – Rebecca made a claim for injury compensation for a boat accident against the driver of the powerboat and, at the High Court in London, Mr Justice Teare heard that an agreement had been reached between the Coles´ legal representatives and the company who had insured the powerboat driver to settle the claim for £1.37 million.

Mr Justice Teare also heard that since her accident Rebecca underwent intensive physiotherapy and specialist rehabilitation at the Children´s Trust in Tadworth, enabling her to walk a mile in the 2010 London Marathon and achieve sufficiently high GCSE grades to study events management at college. Approving the settlement of injury compensation for a boat accident he said, “I wish the claimant well for the future, both with her studies and with her life after studies”.

A man whose life was changed when he was run down by a car on holiday has had a settlement of compensation for injuries to a pedestrian approved in court.

James Kennedy (37) from Gosforth in Newcastle was on holiday in Rome with friends from university when, on January 14th 2006, he was hit by a car while crossing the Corso Vittorio Emmanuele in Rome´s ‘Eternal City’.

James suffered catastrophic brain injuries in the accident, as well as fracturing his skull, spine, knee and shoulder, and was in a coma for ten months in Rome´s Santo Spirito Hospital. He is now confined to a wheelchair and although described in court as ‘mentally acute’, James suffers with concentration, has a poor memory and requires around-the-clock care.

Because of his mental impairment, James made a compensation claim for injuries to a pedestrian through his mother – Elaine – against the insurers of the negligent driver. The insurance company contested the claim on the grounds that James had been wearing dark clothing on the night of the accident and had failed to look carefully before stepping out into the street.

However, a negotiated resolution was reached in October 2009, in which the negligent driver´s insurance company accepted 80% liability for James´ injuries and an interim payment of £885,000 was paid to James earlier this year.

The full settlement of compensation for injuries to a pedestrian is expected to be in excess of £10 million – as James is also to receive a further lump sum payment of £3 million and annual index-linked, tax-free payments of £210,000 to pay for the cost of the care and support he will need for the rest of his life.

At the High Court in London, Mr Justice Bean approved the settlement – which will be managed by the Court of Protection – and commented that James risked having a bigger percentage taken from the award for his contributory negligence had his compensation claim for injuries to a pedestrian gone to a trial.

A student´s claim for a pedestrian hit by a car has been resolved in an out-of-court settlement which is believed to exceed £1 million.

Lee Edge (21) from Kings Heath in Birmingham made an injury claim for a pedestrian hit by a car through his mother – Sandra – after he was struck by a car when he was twelve years of age in January 2005.

Lee has suffered with poor memory, fatigue and difficulty concentrating since his accident, but achieved sufficiently high grades to attend college where he now studies Business Administration.

The driver of the vehicle that hit Lee was later convicted of driving without due care and attention at Solihull Magistrates Court in 2005, and a claim was made against the car driver´s insurers to compensate Lee for the trauma he had suffered.

The final out-of-court settlement of the claim for a pedestrian hit by a car has not been disclosed but, due to the nature of Lee´s injuries and the opportunities he has lost, it is anticipated that Lee will receive a settlement in seven figures.

A thirteen year old boy, who developed cerebral palsy due to an alleged case of medical negligence, has been awarded £7.3 million compensation for NHS brain injury in an out-of-court settlement.

Robbie Crane (13) from Hemel Hempstead, Hertfordshire, suffered brain damage resulting in cerebral palsy, learning difficulties, behavioural problems and epilepsy following surgery at Harefield Hospital in October 1999 to treat the congenital heart problems he was born with several days earlier.

Mr Justice Tugendhat at the High Court in London heard that the complicated artery ‘switch’ surgery was successful, but Robbie suffered brain damage in a 15-hour period after the operation because a ventilator keeping him alive had not been adjusted properly. Robbie’s injuries mean he will never lead an independent life or earn his own living. He has no sense of danger and needs intensive supervision at all times.

Through his parents – Barrie and Catherine Crane – Robbie made a claim for NHS brain injury against the Royal Brompton and Harefield NHS Trust, alleging that his condition was a direct result of medical negligence. The NHS Trust denied liability for his injuries, but made an offer of compensation for NHS brain injury based on 70 percent of what Robbie would have received in full settlement of his claim.

Under the out-of-court settlement, Robbie will receive a substantial lump sum immediately as well as annual, index-linked and tax-free payments to cover the costs of his care for as long as he lives. With his anticipated life expectancy, the total compensation for NHS brain injury package is valued at £7.3 million.

Although Robbie´s settlement was agreed “out-of-court”, the award still had to be approved by a judge as it related to a legal minor. After hearing the circumstances of the case and the NHS Trust´s legal representatives acknowledge that “things could have been done differently and better”, Mr Justice Tugendhat approved the settlement of compensation for NHS Brain injury – paying tribute to Robbie´s parents for the devotion they had given their son.

The Chief Executive of the Medical Defence Union has raised fears that settlements of NHS negligence claims are spiralling out of control and becoming unsustainable.

Speaking on the BBC´s “Today” program, Christine Tomkins said that the value of claims against the NHS being currently settled is rising faster than society´s ability to pay for them. “Money is pouring out of the NHS to set up one-patient institutions” she claimed “when it could be retained in the NHS.”

Ms Tomkins stated that legislation first formulated in 1948 – the Law Reform (Personal Injuries) Act – disregards care provision available from the NHS for those who sustain a catastrophic injury and settlements of claims against the NHS are therefore calculated of how much it would cost to provide care for the injured victim privately.

On the program, she cited the case of Charlie Scott, who was diagnosed with spastic quadriplegic hemiplegic atheloid cerebral palsy after being brain damaged at birth, and whose mother recently won a 14-year legal battle against the Royal Bournemouth and Christchurch Hospitals NHS Trust.

The settlement of £7.1 million, Ms Tomkins claimed, would be far lower if those calculating the value of compensation in NHS negligence claims could consider the care available on the NHS. According to Ms Tomkins, the NHS Litigation Authority has periodic payment liabilities of £18bn – enough to pay the annual running costs of a dozen large teaching hospitals.

Charlie Scott´s mother, Clare, was also invited onto the radio program. She acknowledged that some of the care and equipment from which Charlie will now benefit could be provided by the NHS, but told presenter Justin Webb that Charlie will no longer have to wait for social services assessments before being provided with the care he needs. Mrs Scott added that the size and structure of the settlement enables the security of 24-hour care for her son when she, or the NHS, would be unable to provide it.

The family of a boy, who suffered brain damage due to being starved of oxygen prior to his birth, have had been awarded compensation for delayed treatment at the Royal Courts of Justice.

Joseph O´Reggio (11) from Wolverhampton, West Midlands, was born at the city´s New Cross Hospital in 2001 following an alleged failure by the hospital staff to monitor his mother – Rachel – during the later stages of her pregnancy. As a result of the alleged hospital negligence, Joseph was starved of oxygen prior to his birth and was brain damaged by the time he was delivered – later developing severe cerebral palsy.

Joseph´s parents made a claim for delayed treatment compensation on the grounds that the Joseph´s heart rate had fallen on the morning of April 14th 2001, but a specialist was not summoned until 10.00pm that evening. As a result of the delayed delivery, Joseph now requires 24-hour care and is unable to speak or feed himself.

In 2011, the High Court heard that Royal Wolverhampton NHS Trust admitted that Joseph should have been born earlier, but would not accept full liability for his injuries. However, an agreement was negotiated in which the Trust would pay annual periodic payments amounting to an 80 percent valuation of a full compensation for delayed treatment settlement.

At the Royal Courts of Justice, the family heard that the package of compensation for delayed treatment amounted to 6 million pounds – based on Joseph´s anticipated life expectancy – and will be sufficient for the family to move into a specially adapted home with the specialist rehabilitation equipment that Joseph needs to develop his skills with hearing, sight, taste, touch, language and hand-eye co-ordination.

A boy who suffered life changing injuries when he was struck by a baseball in a Little League game has been awarded 14.5 million dollars in childrens sports injury compensation.  

Steven Domalewski from Wayne, New Jersey, was just 12 years of age when playing as a pitcher in a Police Athletic League baseball game in 2006. In a freak accident, the batter to who Steven threw the ball hit a firm line drive, which caused the ball to fly back at Steven at speed and strike him in the chest – sending him into cardiac arrest. By the time emergency services resuscitated him, Steven´s brain had been starved of oxygen for 15 minutes, due to which he suffered irreversible brain damage.

After seeking legal advice, Steven´s family made a claim for childrens sports injury compensation against Little League Baseball, the manufacturer of the metal baseball bat that had been used during the game and the retailer of the bat, alleging that it had been dangerous to use a metal bat in the game as metal bats can hit a baseball at a greater speed than wooden bats.

The family claimed that had a wooden bat been used in the game, Steven would not have suffered such severe injuries and supported their childrens sport injury claim with figures produced by Little League Baseball which revealed that since the performance of metal bats had been limited to those of the best wooden bats – a measure introduced in 2008 – injuries to Little League pitchers had fallen by 80 percent.

Little League Baseball, Hillerich and Bradsby – the manufacturers of the “Louisville Slugger” – and the national retailer of the bat, Sports Authority, all denied liability for Stevens injuries but, at the State Superior Court in Passaic County, the judge heard that a settlement had been agreed upon which would see Steven receive 14.5 million dollars in childrens sport injury compensation to provide him with the specialist care he will require for the remainder of his life.

A woman, who was starved of oxygen at birth and has suffered a lifetime of learning difficulties, has had a settlement of compensation for her mismanaged birth approved at London´s Royal Courts of Justice.

Susanne Turner (45) from Wittersham in Kent was born at Buchanan Street Hospital in St Leonards-on-Sea after a delayed Caesarean operation due to neither a surgeon nor an anaesthetist being available to perform the procedure. As a result, Susanne was deprived of oxygen in the womb, unable to breathe independently when she was born and suffered severe brain damage.

Susanne´s parents – Christopher and Sandra – raised Susanne without assistance, and unaware that they were entitled to claim compensation for the mismanaged birth, until they read a magazine article which explained Susanne´s rights to compensation.

When they sought legal advice about their situation, Christopher and Sandra discovered that – as Susanne did not have the mental capacity to bring a claim for mismanaged birth compensation herself – they were still within the time frame allowed to sue the South East Coast Strategic Health Authority for the negligent situation which had occurred in 1967.

After reviewing the claim for mismanaged birth compensation, South East Coast Strategic Health Authority quickly admitted their liability for Susanne´s birth injury and, at the Royal Courts of Justice, issued a formal apology for the mismanagement of Susanne´s birth.

Approving the settlement of compensation for mismanaged birth, which will take the form of annual payments and a lump sum payment to pay for a specially-adapted home for Susanne, judge Mrs Justice Nicola Davies paid tribute to Christopher and Sandra´s “love and devotion”. The settlement is estimated to be worth 4.2 million pounds and will provide Susanne with the care she needs for the rest of her life.

A man, who sustained catastrophic head injuries when he fell from scaffolding while trying to help his brother fix his roof, has had a scaffolding fall injury compensation settlement of 750,000 Euros approved at Dublin´s High Court.

Patrick Rayner, of Mitchelstown, County Cork, was getting prepared to assist his brother replace slates which had been displaced from his roof when the accident occurred in December 2008. While standing on top of a scaffolding tower, Patrick was attempting to take hold of a roofing ladder which was being passed to him when he fell three metres to the ground – sustaining a fractured skull and leaving him with a deficit of smell and taste and a loss of hearing.

Through his wife, Julia, Patrick made a claim for fall from scaffolding compensation against his brother – John Rayner of Killmallock, County Limerick – claiming that John had failed to ensure that the scaffold tower was secured to the building or other permanent structure, was negligent in failing to strut or brace the scaffolding tower and had failed to take adequate precautions to ensure his safety while he was assisting with the roof repairs.

At the High Court, Ms Justice Mary Irvine heard that damages had been agreed at 750,000 Euros and the case was before her for approval of damages only. After hearing of Patrick´s injuries, the judge approved the settlement of scaffolding fall injury compensation, stating that this was a case in which a Good Samaritan deed had ended in tragedy.

A woman who suffered significant injuries after a car accident in which the driver was fatally injured, has had an award of compensation for head injury in car crash approved at Dublin´s High Court.

Ciara Kelly (21) was just fifteen years of age when – unbeknown to her parents – she attended an “all-nighter” party in November 2006 with a friend at the home of Shane McMahon in Limerick. McMahon, the court heard, had ended the party prematurely and Ciara – looking for somewhere to spend the rest of the night – fell asleep on the back seat of his car.

While she was sleeping, another party-goer – Noreen Casey (16) – got into the driver´s seat and started to drive McMahon´s car in circles. McMahon took the keys back from her and warned Casey not to take the car again as she had been drinking substantially and was in no condition to drive. However, Casey retrieved the keys and once again started to drive recklessly.

It was shortly after that Casey lost control of the vehicle and crashed into a tree – killing herself in the accident and injuring Ciara, who was taken to hospital with a closed head trauma and a broken right femur. It was claimed at the hearing that Ciara has also developed post-traumatic epilepsy since the accident.

Through her mother, Ciara made a claim for head injury in car crash compensation against McMahon, the estate of Noreen Casey and – as Casey was uninsured and had taken the vehicle without permission – the Motor Insurers´ Bureau of Ireland. The claim included compensation for a “dimunition of her enjoyment of life” due to mental distress and discomfort and the restriction of her everyday activities due to learning difficulties following the accident.

At the Dublin High Court, Ms Justice Mary Irvine heard that an offer of compensation for head injury in car crash amounting to 1.25 million Euros had been made by the Motor Insurers´ Bureau of Ireland which the family had agreed to. Approving the award, the judge said that it was a wise decision to accept the settlement, as the issue of contributory negligence could affect how much compensation Ciara received if the case had gone to trial.

An analysis of requests made to the Ministry of Defence for injury compensation by troops who have now left the armed forces has exceed 125 million pounds according to official sources.

Since 2005/06, when the troops injury compensation scheme was first established, more than 28,000 service personnel have made military injury claims to help them cope with issues such as amputations and Post Traumatic Stress Disorder. The current rate of injury compensation claims by troops is now twenty times more than when the scheme was first established, and military experts have already predicted an increase in the number of personnel requesting assistance next year as UK forces withdraw from Afghanistan.

Concerned NHS officials have already alerted the Government that it will require extra resources to cope with “a surge of combat amputees with complex needs leaving the armed forces” and Andrew Murrison – the Conservative MP and former Royal Navy surgeon – has warned that the increased use of improvised explosive devices in Afghanistan means the UK should prepare for some 20 new military amputees every year for at least a decade.

Currently, injury compensation for troops comes in either a lump sum payment or guaranteed income payments (GIPs) designed to financially help support the wounded for life – however only 1,305 claimants have been awarded GIPs to date, and Adrian Weale from the British Armed Forces Federation believes that the Ministry of Defence can do better.

“The MoD has made considerable strides in developing services for wounded veterans” Mr Weale said, “but we would like to see a system of lifetime care much closer to that of the US Veterans Administration, for those who have ongoing health problems as the result of service. The reality is that health issues caused by military service tend to get worse with the passage of time, and we suspect that this will be an issue for many years.”

Injury compensation claims for troops are also expected to increase in the future due to mental health problems. Dr Walter Busuttil – director of medical services for the charity Combat Stress – has claimed that as many as 50,000 forces personnel could develop a psychiatric injury due to their service. “Serving personnel will often focus on overcoming a physical injury first,” Dr. Busuttil stated, “so their mental health problems may not surface until years later.”

A Ministry of Defence spokesman said the department took its responsibility to ensure injured personnel “get the support they need” very seriously. He added: “If personnel sustain an injury caused by service, we encourage them to claim and receive their full entitlements under the scheme.”

Injury compensation for troops is available through the Armed Forces Compensation Scheme; however awards of compensation are generally much lower than can be achieved in a civil action. If you or a loved one has sustained an injury in combat or while stationed at a base, you may be entitled to claim injury compensation for troops, and should discuss your injury with a solicitor at the first possible opportunity.

A man, who suffered a traumatic brain injury when a scaffolding pole fell 14 storeys and struck him on the head, has had a seven-figure settlement of scaffolding pole injury compensation approved at Bristol High Court.

Richard Chodkiewicz (54) from Lawrence Weston, Bristol, was a lift engineer and part of the construction team working on the conversion of the Radisson Blu Hotel in Broad Quay, Bristol, when the accident occurred in July 2008.

While Richard was working on the lift shaft on the ground floor of the building, a 50cm scaffolding pole weighing 3.7 Kg, which was being used as an improvised plumb line, slipped from the wire to which it had been attached and fell 14 storeys.

Despite wearing a hard hat, the force of the falling scaffolding pole on Richard´s head left him fighting for life at Frenchay Hospital in Bristol, where he underwent emergency surgery and then spent more than six weeks in intensive care.

Richard did not return home for almost eighteen months after the accident, such were his injuries and his need for intense rehabilitation. The father-of-five now has limited movement, speech difficulties and requires twenty-four care due to his short-term memory problems.

Bristol Crown Court heard that Richard´s employer – Hoistway Ltd – and Miller Construction (UK), the company responsible for building the city centre hotel, had both been found in breach of health and safety regulations following a Health and Safety Executive investigation into the accident and the case was before the court for approval of negotiated damages only .

After hearing details of the undisclosed scaffolding pole injury compensation settlement, which will provide sufficient funds to compensate Richard for his loss of earnings and cover the costs of the lifetime of care he will now need, the court approved the settlement.

An ex-paramedic, who was left severely disabled after doctors removed the wrong part of his brain, has accepted a seven figure settlement of compensation for negligent brain surgery from the NHS Trust responsible for the error.

John Tunney (63) from Sutton Coldfield, West Midlands, underwent the operation in April 2008 after an MRI scan had revealed abnormalities around his pituitary gland. However, instead of removing the tumour, surgeons took away healthy tissue during the operation which resulted in John´s brain haemorrhaging.

The error left John partially blind and requiring 24 hour care. He later learned that the operation had not even been necessary as doctors had failed to check the results of a blood test which would have revealed that John was suffering from prolactinoma – a benign and common pituitary tumour which can be treated with tablets.

After taking legal advice, John – who worked for the West Midlands Ambulance Service as a paramedic for 23 years – made a claim for negligent brain surgery compensation against the University Hospitals Coventry and Warwickshire NHS Trust and, after an investigation, the NHS Trust admitted liability for the dual error.

John´s solicitors entered into negotiations with University Hospitals Coventry and Warwickshire NHS Trust over how much compensation for negligent brain surgery should be awarded and, although details of the final settlement have not been released, a settlement in excess of one million pounds has been agreed.

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.

A female pedestrian, who had to be air-lifted to hospital after sustaining debilitating injuries in a multiple vehicle accident on the North Circular Road, has had a 750,000 pounds settlement of compensation for permanent brain damage approved in the High Court.

Devbai Patel (60) of Neasden, London was walking home from a local shopping trip on January 16th 2008 when she was hit by a lorry whose driver was trying to avoid colliding with two cars that had already crashed on the busy dual carriageway.

The lorry driver was killed instantly as his vehicle ploughed into the wall of a shop and, on arrival at hospital, Devbai underwent emergency surgery for multiple fractures and grave head injuries. Devbai remained in intensive care for two weeks and underwent months of rehabilitation before being allowed home.

Although Devbai made a remarkable physical recovery, she suffered permanent brain damage and will require a high level of care for the rest of her life. With the assistance of a solicitor, Devbai claimed multiple car accident compensation against the driver of the car responsible for causing the accident and, before Mrs Justice Cox at the High Court in London, details of the settlement were announced.

Devbai is to receive a lump sum of 750,000 pounds in compensation for permanent brain damage to account for the physical pain and suffering she has already suffered and her loss of cognitive facility. She is also to receive annual tax-free and index-linked payments of 25,000 pounds to pay for the ongoing care she needs.

Approving the settlement, which Mrs Justice Cox described as “very sensible and realistic”, the judge sent her best wishes to Devbai and her husband as they were not in court for the approval hearing.

A man who sustained catastrophic injuries when hit in the face by a piece of machinery on a construction site has been awarded a brain injury compensation package calculated to be in excess of 4 million pounds.

Christopher Kaye (57) from Barnsley, South Yorkshire, was working on the construction site in Sheffield for Euro Dismantling Services Ltd when the accident happened in October 2008. Christopher was changing the grapple attachment on an excavator when he was hit in the face and knocked to the ground by an iron bar which sprang from the release mechanism.

Christopher was rushed to hospital where he underwent emergency surgery to save his life, however the accident left him with permanent brain damage which means he now needs around-the-clock care.

After taking legal advice, Christopher´s wife – Sue – made a brain injury compensation claim against her husband´s employers, claiming that Christopher had not been provided with adequate training or protective equipment in order him to complete the job safely.

Euro Dismantling Services Ltd initially denied the claims but, shortly before the case was due to be litigated in court, the company made an offer of 90% responsibility for Christopher´s injury.  A lump sum payment of 1.75 million pounds was agreed in brain injury compensation, with annual payments of 135,000 pounds to follow for the remainder of Christopher´s life – a total in excess of 4 million pounds should Christopher live for a further twenty years.

A girl, who sustained catastrophic head injuries after being hit by a car in 1996, has been awarded a brain injury compensation package which is expected to exceed 9 million pounds.

Leigh Ann Blinkthorn (23) of Caister, Norfolk, was just seven years of age when she was struck by a car while crossing the road in her previous home town of Filby, Norfolk, in January 1996. Leigh Ann suffered life-threatening brain injuries as a result of her accident and was in a coma for several weeks.

Almost sixteen years later, Mr Justice Popplewell at London´s High Court heard that Leigh Ann needs constant care and, due to an aggressive personality disorder triggered by her injuries, requires two carers to be in attendance twenty-four hours a day.

Mr Justice Popplewell also heard that the driver of the vehicle – Stephen Hall of Norwich, Norfolk – was found liable for causing the accident back in 2000, but due to legal negotiations and the changes in Leigh Ann´s care requirements, there had been a long delay in settling the case.

Approving the brain injury compensation settlement which sees Leigh Ann receive a lump sum of 2,875,000 pounds immediately, with annual tax-free and index-linked payments of 191,758 pounds, the judge was pleased to hear that the money will enable Leigh Ann to live at home with her parents, Colin and Joy, rather than spend any longer in residential care.

Mr and Mrs Blinkthorn´s “tireless care and dedication” were commended by the judge in his final statement, when he stated “I am pleased to be able to approve this settlement, which is fair and very much in Leigh’s best interests. I hope that this settlement will bring a little enhancement to all your lives”.

A young boy, who has left brain damaged and suffering from cerebral palsy due to negligence at his birth, has had his birth injury compensation settlement approved in the High Court.

Dontay Crooks (6) from Oxford was born in the city´s John Radcliffe Hospital in 2005, but complications developed during his birth which resulted in the young boy being starved of oxygen and sustaining a cerebral palsy injury as a result.

The High Court in London heard that Dontay now has little control over his limbs and is unable to walk. He is also visually impaired, has severe learning difficulties and suffers from bouts of epilepsy.

In the claim for birth injury compensation made against the Oxford University Hospitals NHS Trust by Dontay´s mother, it was alleged that with better management of the birth Dontay would not had sustained such traumatic injuries and would be able to maintain a more normal life.

The John Radcliffe Hospital and Oxford University Hospitals NHS Trust admitted liability for Dontay´s injuries and agreed to an immediate lump sum settlement of 1 million pounds with further annual payments on a rising scale which will reach 140,000 pounds per year when Dontay reaches the age of eighteen.

A seven year old boy, who sustained brain damage due to the mismanagement of his birth, has had a multi-million pounds brain injury compensation package approved in the High Court.

Ciaran Dill of Luton, Bedfordshire, was born at the Luton and Dunstable Hospital in July 2004, but as Mr Justice Eady – sitting at London’s Royal Courts of Justice – heard, insufficient attention was paid by medical staff to a foetal heart monitor during Ciaran´s mother´s labour.

Consequently Ciaran´s delivery was delayed by more than hour, resulting in the child being starved of oxygen and sustaining devastating brain injuries. Due to the hospital´s negligence, Ciaran is now unable to walk or talk and will never be able to live an independent life.

The Luton and Dunstable Hospital NHS Foundation Trust admitted liability for Ciaran´s injuries and agreed a brain injury compensation settlement which will award a lump sum in excess of 2 million pounds immediately, followed by annual six-figure payments to cost the cost of Ciaran´s care and education.

Approving the settlement, Mr Justice Eady commented “It is clear from what I have seen that Ciaran is fortunate in one respect at least, and that is in the devoted care he has received from his parents and family over so many years.”