UK Injury Compensation News

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.

The Appeal Court in London has found Devon County Council 50 percent negligent in a claim for compensation for pothole crash injuries due to their negligent inspection of a rural road´s condition.

The council had brought the claim for pothole crash injuries compensation to the Appeal Court following a High Court verdict in April 2012, which found that the council had failed in their duty of care to adequately inspect and maintain the C-25 between Honiton and Smeatharpe contrary to the Code of Practice for Highway Maintenance Management (2005).

As a result of the council´s negligence, an 8cm pothole had developed in the road frequently used by farm vehicles and heavy goods lorries, which had been responsible for an accident in which two passengers of a Land Rover suffered catastrophic injuries. The two passengers – identified only as “AC” and “DC” – had been awarded compensation for pothole crash injuries by the Land Rover driver´s insurance company; but the driver of the vehicle – identified as “TR” – claimed that he would not have had the accident were it not for the poor condition of the road.

In April 2012, Mrs Justice Slade at the High Court had found that Devon County Council was 100 percent liable for the accident in which the offside wheels of the Land Rover had fallen into the pothole during an overtaking manoeuvre – causing the driver of the Land Rover to swerve back across the road and into trees – on the grounds that the safety inspection regime on the hilly and winding road had been inadequate and its state of repair was “well below a standard a reasonable driver could expect”.

However, at the Appeal Court in London, Lord Justice Hughes that, although he could find no flaw in Mrs Justice Slade´s verdict, “TR” should share half the blame for the tragedy and be 50 percent liable (through his insurance company) for paying compensation for pothole crash injuries . Lord Hughes – sitting with Lord Justice Lloyd and Sir Stanley Burnton – said that the 8cm pothole in the road was “there to be seen” and ruled that “TR”´s inadvertent error in not seeing and avoiding the pothole contributed to the accident.

Lord Hughes concluded: “Although the error may have been one which many might make, it amounted to a significant failure to keep a proper lookout and to manage the car correctly; it had terrible consequences. In my view, the only proper finding was that there was contributory negligence to the extent of 50 percent”.

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.

A Stansted baggage handler, who sustained debilitating injuries after being hit by a buggy towing luggage, has settled his claim for a broken back at work against his employers out of court.

Mick Draper (64) from Braintree in Essex, sustained his injury while working for air cargo company Swissport at Stansted Airport in March 2009. A buggy, used for transporting trailers full of luggage, drove into Mick while he was standing by an empty trolley, knocking him several feet onto a nearby luggage chute.

Mick, although in pain, continued to work for several weeks until one morning in April 2009 he woke up unable to move. After being referred for physiotherapy, he was diagnosed by specialists as having three broken bones in his back and had to undergo a series of reconstructive operations; despite which Mick finds it difficult to walk, lift and carry out simple domestic tasks.

An investigation into the accident revealed that the buggy driver who lost control of his vehicle had been allowed to work seventeen hour shifts for the previous eleven days – despite warnings to the Swissport management that this was dangerous by union officials. Mick contacted a solicitor and made a claim for a broken back at work against his employers.

Swissport acknowledged that they had allowed the health and safety of their baggage handlers to be put at risk and agreed to an undisclosed out of court settlement of compensation for a broken back at work.

A scout leader, who broke a vertebra in his back while descending a fireman´s pole, has been awarded £167,514 in compensation for assault course injury.

Robert Wilson (49) from Bordon in Hampshire sustained his injury while leading his scout troop on the Challenge Valley assault course at Clyne Farm Centre near Swansea in August 2009. As part of the “Burma Bridge” obstacle, Robert had to slide down a fireman´s pole despite his concerns for his safety in the wet conditions.

Encouraged by a “highly confident” young instructor, Robert grasped the pole with both hands as he had been instructed, but landed badly and had to be taken to hospital by helicopter suffering from a fractured vertebra at the bottom of his spine. As Mrs Justice Swift at the High Court heard, Robert´s injury prevented him from carrying on his work as a taxi driver or providing care for his disabled wife.

Robert made a claim for assault course injury compensation, alleging that he had not been given proper instruction on how to safely descend the pole and that the landing cushion had been compacted by previous participants and was not suitable for the prevention of an injury.

Solicitors representing the Clyne Farm Centre denied liability for Robert´s injuries and defended the claim for assault course injury compensation by alleging that Robert had released his grip on the pole to “show off” to his scout troop. It was also claimed that a ladder was positioned nearby in the event that a participant did not want to descend the “Burma Bridge” obstacle via the fireman´s pole.

However, at the High Court in London, Mrs Justice Swift found in Robert´s favour; describing him as a “thoroughly genuine and honest individual” and rejected the defence claims that “[Robert] was the author of his own misfortune”.

Awarding Robert £167,514 compensation for assault course injury for his pain, suffering and loss of amenity, his lost earnings and the extra assistance he will need due to his permanent injury, Mrs Justice Swift said she had no doubt that Robert “is a genuine hard-working man” who had devoted himself to the care of his wife and their four-year-old 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.

A girl, who suffered serious injuries in a road accident in which her mother was killed, has had a record settlement of compensation for car crash injuries approved in the High Court.

Agnes Collier (17) from Naunton in Gloucestershire was a passenger in a car being driven by her mother which was involved in a serious road accident on the A436 in March 2009. As her mother swerved to avoid a car emerging from a side road, the car she was driving was hit head-on by a lorry travelling in the opposite direction.

Agnes´ mother was killed in the collision and her brother suffered a head injury from which he has since recovered. Agnes – who was 13 years of age at the time of the accident – sustained a severe spine injury due to which she lost the use of both her legs and now only has limited use of her arms.

The driver of the vehicle responsible for causing the accident – Andrew Norton of Andoversford in Gloucestershire – was convicted of causing death by driving without due care and attention and given a suspended sentence, order to do community work and banned from driving.

Through her father – Dominic – Agnes made a claim for car crash injuries compensation against Norton and, in the High Court, Mr Justice Macduff heard that a settlement had been agreed which would see Agnes receiving a lump sum of £7.25 million with annual periodic payments of £270,000 for the rest of her life – equivalent to £23 million with Agnes´ anticipated life expectancy and a record compensation package for the UK.

After hearing about the accident, Agnes´ injuries and how she had coped with growing up without her mother, Mr Justice Macduff approved Agnes´ settlement of compensation for car crash injuries adding “It never ceases to amaze me how people can deal with this type of adversity. I can’t turn back the clock, but what I can do is to wish you all the very best for your future.”

A woman, who sustained serious leg injuries when a lift she was travelling in at work fell twenty-three floors, has been awarded more than 13 million dollars in lift fall injury compensation by a jury in Florida.

Janice Beasley from Jacksonville, Florida, experienced the traumatic event in May 1999 after entering the lift to descend from her office on the twenty-third floor. The forty-one year old office worker was thrown to the floor of the lift as it first fell to the eighth floor of the building and then suddenly came to a stop.

An engineer was called to attend to the malfunctioning lift, but rather than help Janice to escape from the lift, he attempted to move it and sent it crashing to the basement below. Janice escaped with serious bruising, but this quickly deteriorated into Complex Region Pain Disorder – causing a partial paralysis of Janice´s left leg and confining her to a wheelchair – and Janice was also diagnosed with Post Traumatic Stress Disorder and chronic depression.

Janice made a claim for lift fall injury compensation against the owners of the building – Highwoods Properties Inc – and the company responsible for servicing the lifts – Schindler Elevator Company. Schindler Elevator Company denied responsibility for Janice´s injury and delayed the claims procedure with complex legal questions to avoid their liability.

However, when the case came to court – thirteen years after her accident happened – Janice was rewarded for her perseverance by the Duval County jury and, after a trial lasting two weeks, she was awarded 13,188,000 dollars in lift fall injury compensation for her injuries, with both defendants found guilty of negligence and liable for her injuries.

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 top London bagel bakery has been ordered to pay an employee compensation for the amputation of a finger amounting to £24,000.

Mr Raakesh Patel (28) from Harrow, Middlesex, was employed by Ixxy´s Bagels in the West End bakery´s factory in Park Royal, North West London, when – in November 2007 – a moving blade severed the middle and ring fingers of his right hand as he attempted to clear a dough blockage from a cutting machine.

Colleagues were able to locate the severed tip of Raakesh´s middle finger – which was successfully reattached after surgery – but not able to find the end of his ring finger. Raakesh spent five days in hospital but, after his discharge, found it difficult to cope with the missing finger both physically and emotionally.

A Health and Safety Executive (HSE) investigation into the accident found that a magnetic switch on the door of the machine, which should have stopped the blades from rotating when the door was opened, had not been properly maintained and no action had been taken to repair the machine or take it out of service even though the fault had been identified in a daily safety check report.

After a magistrate´s hearing in London, Ixxy´s Bagels were found guilty of being in breach of Regulation 5(1) of the Provision and Use of Work Equipment Regulations 1998 and was fined £2,250 with £9,719 costs. Following the hearing, Raakesh sought legal advice and made a claim for compensation for the amputation of his finger.

Despite being found negligent by the City of London Magistrates´ Court, Ixxy´s Bagels denied full liability for Raakesh´s injuries – stating that Raakesh was aware that the machine was faulty and should have waited for the blades to stop rotating before inserting his hand to clear the blockage of dough. Raakesh´s legal team argued that Raakesh had been on vacation the week prior to his accident and believed the fault had been repaired on his return.

Following intense negotiations, an out-of-court settlement figure of £24,000 compensation for the amputation of a finger was agreed, which represented the company admitting to 80 percent liability for the accident.

A motorcyclist, who sustained terrible physical and psychological injuries after being involved in a head-on crash with a van, has been awarded more than 2 million pounds in compensation for a motorcycle accident in London´s High Court.

Luke Brock (26) from Croydon, London, was riding his scooter along Norbury Avenue in Thornton Heath in January 2002, when a van travelling in the opposite direction failed to see Luke make a right turn in front of him and collided head-on.

Luke, who was just 16 years of age at the time of the accident, suffered a fractured right femur, fractures to both wrists, his right ankle and right elbow. His injuries forced him to give up an aspiring professional football career and his Business Studies Course at Coulsdon College.

London´s High Court heard that, as a result of the accident, Luke developed severe post-traumatic stress disorder which deteriorated into major depression. Luke started living as a recluse even after his physical injuries were healed and is now dependant on his mother for 24 hour care.

The court also heard that liability for Luke´s injuries had been admitted and that the case was before them for assessment of damages only. After due consideration, the judges awarded Luke a lump sum of 2.05 million pounds in compensation for motorcycle accident in London, with a further 50,000 pounds per annum for the rest of his life to enable his family to continue providing his care.

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 rig worker from Louisiana, who suffered permanent debilitating injuries when he was crushed between a drill pipe and the derrick leg of the gas rig he was working on, has been awarded 4.1 million dollars in compensation for crush injury at work by a federal jury in Colorado.

Von Phathong (42) was employed by Houston-based Tesco Corp (US) as a “roughneck” (labourer) on a drilling rig located in Rifle, Colorado, when the accident occurred in December 2005. As he was assisting with the change of heavyweight drilling pipe, the unsecured lower drill pipe swung into Von and crushed him against the rig´s derrick leg.

Von suffered several spinal fractures and herniated cervical discs and will never be able to work again because of the pain he experiences whenever he moves. After being released from hospital, Von sought legal advice about claiming compensation for a crush injury at work and, as Tesco Corp (US) denied their liability for Von´s injuries, the case was heard before the United States District Court for the District of Colorado.

In court, Von´s solicitors showed evidence that the “crossover sub” which was being used to connect the two drilling pipes had the incorrect thread and the supervisor on the rig had tried to use a powerful top-drive to force the thread of the crossover sub and the drill pipe together. It was also shown that the drill pipe which caused Von´s injuries should have been secured before the operation was started.

Further evidence at trial established that Tesco Corp´s health and safety was the worst ever seen by a drilling expert brought in to support Von´s claim for crush injury at work compensation and that the site worked on a culture of “intimidation and fear”. The jury at the United States District Court for the District of Colorado found Tesco Corp (US) 90 percent liable for Von´s injuries and awarded him 4.1 million dollars in compensation for a crush injury at work

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.

A man who sustained a traumatic brain injury when he was struck by a tram in Dublin has had an award of tram accident injury compensation approved in the High Court.

Derek Cross (52) a painter and decorator from Clondalkin, Dublin, was struck by the tram while attempting the cross the Naas dual carriageway in the early hours of 15 September 2007 in order to catch a taxi.

Despite the driver of the tram applying the emergency brakes when he saw Derek in front of him, Derek sustained several fractured ribs and a head injury which has left him unable to work and in need of crutches if he is to walk anywhere.

After seeking legal advice, Derek made a claim for tram accident injury compensation against the operator of the tram service – Veolia Transport – South Dublin County Council and the Railway Procurement Agency, claiming that the parties were negligent in failing to provide a safe passage for pedestrians and warning signs of the risk of injury.

The three defendants denied their liability for Derek´s injury, stating that his accident was attributable to the considerable amount of drink Derek had consumed and Ms Justice Mary Irvine at the High Court in Dublin heard that Derek had been drinking with friends at the nearby Bluebell United Football Club until 1.30am and had a significant level of alcohol in his blood.

The judge also heard that an offer of settlement had also been made by the three defendants amounting to 650,000 Euros, which Derek had accepted but due to his mental impairment was before her for approval. Ms Justice Mary Irvine approved the settlement of tram accident injury compensation, stating that it was an exceptionally good offer under the circumstances of the case.

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.

A cyclist, who suffered catastrophic brain injuries after being the victim of a hit and run accident, has been awarded four million pounds in bike accident injury compensation by the High Court in London.

Patrice Gougam (55) of Enfield, Middlesex was cycling along the Great North Road (A1000) in November 2009, when he was hit by a Land Rover driver by Michael Elliot (66) of Potters Bar, Hertfordshire. Mr Elliot drove away from the scene and, when he later gave himself up to police, claimed that he had no knowledge of the accident.

Patrice, who prior to his accident was a professional tennis coach, was in a coma for three weeks and spent the next six months at the National Hospital for Neurosurgery and Neurology in Bloomsbury, London. In all, he remained in hospital for twenty-one months after the hit and run accident and still requires round-the-clock care.

The High Court heard that the hit and run driver was being treated for glaucoma and cataracts at the time of the accident and should not have even been driving on that fateful day in November 2009. He was later charged with dangerous driving, for which he was jailed for eight months, and banned from driving for three years.

Announcing the four million pounds award of bike accident injury compensation against Michael Elliot and his insurers, the judge praised Patrice´s wife Virginia, who had managed to work part-time, care for Patrice and find a home with disabled access so that the couple could stay together.

A six year old boy, who is only able to move his eyes after an error in his delivery left him in a quadriplegic condition, has been awarded a 6 million pounds compensation package at London´s High Court.

The boy, whose name was withheld in court, sustained severe cerebral palsy due to delays in a caesarean section being performed at Epsom Hospital in December 2004 and now requires around-the-clock care.

Suing Epsom and St Helier University Hospitals NHS Trust through his mother, the boy claimed that their medical negligence had led to his condition and, after an investigation, Mr Justice Eady at the High Court heard that the NHS Trust admittedly liability.

The medical negligence compensation settlement which totals 5,961,199 pounds, is to paid in a lump sum of 2.8 million pounds to pay for the care and specialist treatment he requires now, with further index-linked and tax free payments throughout the remainder of the child´s life.

A Norfolk teenager, who was left with severe brain damage after delays in her delivery, has had a 4 million pounds compensation settlement approved in the High Court.

Tahlia Jade Downes (15) of Hellesdon, Norfolk, was born at the Norfolk and Norwich Hospital on 22 June 1995, after her mother, Dawn, endured a prolonged and troubled labour. During her delivery, Tahlia´s brain was starved of oxygen, resulting in Tahlia developing cerebral palsy and being confined to a wheelchair.

Through her mother, Tahlia claimed that medical staff were responsible for her injuries as they had allegedly failed to respond when the labour had become difficult, and not performed a Caesarean section operation – choosing instead to deliver Tahlia with the use of forceps.

Mrs Justice Thirlwall at the High Court heard how Tahlia suffers from both mental and physical disabilities as a result of her birth injury and also experiences difficulty with her vision. Mrs Justice Thirlwall also heard that the Norfolk and Norwich NHS Trust denied liability for Tahlia´s injuries, but had agreed that the teenager should be compensated on the basis of 70 per cent of her claim.

Approving the settlement, the judge paid tribute to Tahlia´s family, stating that” It is not for the first time in this court that I am privileged to observe and read about the loving care given to children by their parents and family. I have no doubt that Tahlia is as well as she is because of the enduring care of her parents and her brothers. I salute you all.”

A Hertfordshire man, who was confined to a wheelchair due to injuries sustained in a road traffic accident, has won an undisclosed amount in a compensation settlement.

Mark Seabrook (49) from Watford, Hertfordshire, was driving home from work on the evening of 1^st February 2006, when his car was in collision with a stolen vehicle driven by Salliaman Khan of Watford, Hertfordshire.

Mark was knocked unconscious in the accident and suffered severe injuries to his spine, chest and head, as well as sustaining a broken leg and several rib fractures. He spent six months in hospital recovering from his injuries and was left paralysed for life.

Mr Khan was jailed for eight months for aggravated vehicle taking, but Mark has had a five year wait for compensation from the Motor Insurance Bureau, during which time he was made redundant from his responsible position in a local real estate agent.

Mark brought his case to the High Court, where Judge Thornton QC was due to judge on the amount of compensation to be awarded, but mid-way through the proceedings it was announced by Mark’s legal representatives that he had received an offer with which he was very happy.

The undisclosed settlement, which is believed to be in the millions, will be paid as a lump sum plus annual index-linked, tax-free payments to cover the cost of Mark’s care for the rest of his life. Speaking after news of the settlement had reached him, Judge Thornton QC spoke highly of Mark’s bravery and was very pleased that a suitable settlement had been agreed.