Medical negligence claim nets multi-million pound damages

One eleven year old girl has recently won her medical negligence claim for brain injuries suffered during her delivery, resulting in a personal injury compensation package in the millions of pounds.

London’s High Court was recently informed by Ella Franklin’s medical negligence solicitors that her brain became starved of oxygen during her birth, leading to both cerebral palsy and quadriplegia.  Ella’s diagnosis left her with needing 24 hour care and has taken away her ability to ever live an independent lifestyle as well, according to accident claim specialists familiar with the case.

Ella’s family launched a medical negligence claim for personal injury compensation against the NHS Trust for Epsom and St Helier for her brain injuries.  After admitting liability for the incident that lead to Ella’s brain injuries, the NHS Trust entered into an agreement with the 11 year old child’s family for an un-disclosed sum of compensatory damages.

The Franklin family will first receive a lump sum payment.  Then, in order to provide care for Ella for the rest of her life, she will receive annual index linked and tax free payments for the rest of her life.

The Epsom and St Helier NHS trust has not released any actual figures in regards to how much compensatory damages will actually be paid to the Franklins.  However, due to the high cost of Ella’s care and the level of her disability, the total settlement claim could quite easily turn out to be in the multiple millions in compensation.

The NHS trust, when given an opportunity to comment upon the monetary value of little Ella’s compensation award, declined to do so to members of the media.

Worker falls from height, may bring accident claim

After he suffered severe injuries in a fall from height, one employee of a building firm may bring an accident claim against his employer.

According to personal injury claims experts, David Tourish, aged thirty eight, had been working on a new house construction for the Walker Group Ltd when he tumbled from an unguarded flight of stairs.  Severely bruising his kidneys in the fall, Mr Tourish also broke two of his ribs, which kept him from returning to work for three months; even after his return, the injured man required further physiotherapy to complete his recovery, and he may be considering a personal injury compensation claim against the home building company.

In the wake of the incident, the Government’s Health and Safety Executive conducted an investigation that found workers had been granted access to the construction’s upper level through the construction of a temporary flight of steps.  Throughout the initial days of the construction project, this staircase had been protected by a guardrail, but the rail had been removed by a joiner employed on the building project to allow plasterboard to be fitted to an adjacent wall.

The guardrail was not replaced after the plasterboard was in place, which left the three metre drop exposed.  This led to Mr Tourish’s injuries, and the HSE prosecuted the Walker Group Ltd for breaching Work at Height Regulations.

The building company admitted to breaching the regulations and was given a fine of £8,000 for their role in the incident.  In the aftermath of the court hearing, one inspector for the HSE remarked that if the company had only protected the staircase properly throughout the entirety of the build, the entire incident could have been avoided quite easily.

Merseyside woman injured, may bring work accident claim

After sustaining an injury that saw her hand crushed at a napkin manufacturing plant, one Merseyside woman may bring a work accident claim against her employer for personal injury compensation.

St Helens native Cheryl Bridge, forty three year old mother of three, had been working on cleaning two printing rollers for Emboss (Europe) Ltd when her right hand was pulled into the rollers’ inward running nip after her cleaning cloth was pulled into the press, accident claim experts report.  The rollers crushed Mrs Bridge’s hand, and as a result three of the fingers on her right hand were irreparably damaged and lost, rendering her completely unable to work as well as no longer capable of the performance of many everyday tasks such as cleaning or cooking.

Shortly after the incident, the Government’s Health and Safety Executive launched an investigation, revealing that Emboss (Europe) Ltd routinely allowed the rollers on the press to be cleaned whilst the machine was turned on and operating at high speed.  The HSE also discovered that the guard on the machine, which was especially designed to prevent things from slipping between the two high speed rollers, had been quite ineffective since it had been hanging off to the side of the printing machine.

St Helens- based Emboss, of Cornwall Street, admitted to breaching the Health and Safety at Work Act at a hearing in Liverpool Crown Court.  As a result the court ordered the firm to pay a fine of £30,000 as well as told to pay court costs of £12,549.

Official figures show that in 2010 alone, nearly 4,000 employees in the manufacturing sector sustained serious injuries in work accidents.  A full 25 of these incidents proved fatal for the workers, it was also reported.

Holidaymaker makes £300k personal injury compensation claim

After sustaining serious injuries at a Cornwall caravan park, one holidaymaker has made a £300,000 personal injury compensation claim, according to the Basingstoke Gazette.

Accident claim specialists writing for the newspaper report that the incident occurred at the Killigarth Manor Holiday Park, where Margaret Manners and her family had booked accommodation.  Mrs Manners, who relied on a wheelchair to travel long distances, had specified her need for a chalet with wheelchair access prior to her family’s arrival at the Cornwall caravan park.

However, Mrs Manners discovered that the only way to access the chalet she had booked was to climb a set of five steep steps.  Personal injury claims experts report that there was no alternative accommodation available to her and her family at the time.

Mrs Manners, who had the ability to walk short distances with the aid of a crutch, grudgingly settled both herself and her family in the chalet.  Unfortunately, as she returned after a day trip out, during an attempt to climb the high stairs she slipped, tumbling down to the ground, seriously injuring herself.

The Basingstoke native sustained injuries to her spine in the incident.  As a result, her doctors say that she will be confined to a wheelchair permanently, leaving her dependent upon others for the rest of her life.

Ilfracombe based John Fowler Holidays, the firm that operates the caravan park, have admitted liability for the injuries suffered by Mrs Manners.  However, no agreement has yet been reached between the two legal teams embroiled in the court case in regards to how much personal injury compensation should be given to the injured woman.

North East hospitals pay £22m in medical negligence cases

According to recently released personal injury compensation figures, hospitals located in the North East have had to pay more than £22m in compensation from medical negligence cases in just one 12-month period.

Patients victimised by surgical blunders and hospital errors in the region have been keeping medical negligence solicitors busy, successfully pursuing more than £22.3 million in damages.  The Newcastle Hospitals NHS Foundation Trust, which is the largest NHS Trust in the area, was found to have paid out the most in compensation with a total of more than £7.11 million in combined payments.

The NHS Foundation Trusts for the City Hospitals Sunderland and Northumbria Healthcare came in second and third for large combined payouts.  The former was found to have made more than £4 million in combined payments, while the latter had doled out £3.5 million in total.

Durham City native Christina Malcolm, aged forty three, was one of the region’s many victims of medical negligence.  Ms Malcolm was left in need of round the clock care after both her doctor and hospital staff neglected to properly detect and diagnose her haemorrhage.

Her resultant injuries were so serious that the likelihood of her ever returning to work is extremely low.  The NHS Trust for her hospital paid her a total of £4 million in injury compensation as a result.

One spokesperson for NHS North East remarked that the health service’s first priority was to make sure that both staff and patients in the region were kept safe.  The spokesperson additionally said that those patients who had not received the suitable and expected standard of care should indeed be awarded compensatory damages.

Stockton man to make £300k car accident claim

After sustaining serious injuries to his spinal column when the vehicle he was riding in as a passenger went off the road, one Stockton man is to make a £300,000 car accident claim.

Hardwick native Gary Bannister, aged twenty seven, was left with paralysis from the neck down in an RTA that saw the vehicle he was a passenger in colliding with an embankment and rolling over several times before finally coming to rest upon its roof.  Along with her insurance company, the driver of the vehicle, Jordan Evans, now faces personal injury compensation claims that she had been driving without due care and attention, thus exposing Mr Bannister to unnecessary risk.

According to the personal injury claims put forward in a High Court writ, the accident reduced Mr Bannister’s life expectancy and severely limited his future employment prospects.  Moreover, Mr Bannister’s condition could worsen due to risks of the development of a cyst upon his spinal column.

Miss Evans has already admitted to being guilty of driving with a lack of due care and attention at Scarborough Magistrates’ Court at an earlier hearing.  The driver was ordered to pay a fine of £150 and had six penalty points placed upon her license.

The amount of damages Mr Bannister is believed to be seeking is rumoured to be approximately £300,000 in compensation.  The paralysed man is also believed to be requesting a High Court order allowing him to return in the event of his condition deteriorating further, in order to claim more compensation.

Neither Miss Evans or her insurers have taken an opportunity to comment upon the pending legal case, experts say.

Restaurant worker battles for personal injury compensation

A pizza restaurant worker is currently battling for personal injury compensation in London’s High Court, according to work accident claim experts writing for the Daily Mail newspaper.

Mr Inacio Guedes, a one-time employee of the Pizza Express restaurant chain, had been a supervisor at one of the chain’s Uxbridge locations at the time of the incident that led to him bringing an accident claim against his former employers.  The incident allegedly occurred in 2006 when Mr Guedes lifted a 30kg box of dough balls – one that normally only holds one-half that weight and quantity of food ingredients and was accidentally filled twice over.

The former pizza restaurant supervisor claims that he sustained a serious injury to his back when he attempted to lift the box. Mr Guedes told the court that he has been in excruciating pain in the wake of the incident to the point where he cannot undertake any work that would involve bending or lifting, and the spinal fusion treatments he underwent in 2008 have done little to alleviate his condition.

The company, who strongly denies Mr Guedes’ claims, now faces a personal injury compensation claim for £200,000 for the ex-worker’s injuries. Pizza Express instead maintains that the disability that Mr Guedes suffers from is due to a pre-existing health condition, and also claim to have evidence in the form of surveillance footage that shows the allegedly disabled man engaging in such activities as riding a bicycle without any clear signs of difficulty and walking without the aid of others or a cane.

The case is currently continuing at this time, with the hearing in London’s High Court ongoing.

Work accident claims can be easily avoided say experts

The situations that lead to workers becoming injured and going on to make work accident claims against their employers can be avoided quite easily, but only if those employers work hand-in-hand with health and safety organisations, one personal injury compensation expert recently said.

The Government’s independent watchdog agency for illness, safety, and health issues in the workplace, the Health and Safety Executive, recently revealed that two Bromsgrove companies now face fines in the wake of a horrific workplace injury.  A manworking for both KSR and Non-Flam (Sawdust) Co lost most of his middle finger, along with  his entire thumb and index finger, after a run-in with a carding machine, accident claim specialists report.

The man’s hand had become trapped between the carding machine’s two rotating rollers as he attempted to remove some fibres from the rollers’ teeth when the incident occurred.

The HSE investigated the incident and found that the machine had no guarding mechanisms in place to prevent injuries, despite easily available and longstanding guidance regarding workplace safety.  Moreover, neither firm undertook any risk assessment activities in order to identify any potential employee hazards.

As a result of their lack of due care, both KSR and Non-Flam (Sawdust) Co were fined by the courts.  KSR now faces a £3,000 fine with additional court costs of £8,000, while Non-Flam was given a fine of £1,000 and also ordered to pay £8,000 in court costs.

Ritchie McCrae, inspector for the HSE, remarked that the employee could have easily lost his entire hand in an entirely preventable incident. Not one firm nor the other had identified the machine in question as potentially hazardous, he added, and instead continued to permit their employees to operate it- thus failing to ensure their employees’ safety.

Taxpayers foot the bill for playground compensation

In yet another case of taxpayers having to foot the bill for a playground personal injury compensation case, one pupil was recently awarded  £5,750 after he was splashedon the hand with some custard.

The spurious accident claim happened at a Rotherham, South Yorkshire school when the custard was spilled by another pupil bumping into the first one.  Since the incident, condemnation has been rife for the so-called ‘compensation culture’ spreading through UK schools like wildfire and resulting in personal injury claims for thousands, even though the injuries sustained by pupils seem to be largely innocuous.

Other such instances of seemingly illogical compensation claims paid by schools to pupils include £9,000 awarded to a child after they cartwheeled from a playground boulder and broke their arm, and a £5,70 award given to another after he injured himself whilst attempting to break in to a school.

The madness seems to be spreading across the country; the council in Gateshead gave one pupil nearly £5,000 after an anxiety claim due to a lack of teacher supervision, while a Doncaster pupil was given £3,000 after they suffered cuts from rose bushes.

Meanwhile, Gloucestershire council paid out £7,000 to a pupil after an injury related to a teacher’s rugby tackle demonstration.  Councils have paid out in excess of £2 million in compensation last year after injured children brought about more than 340 successful claims for compensation.

Many of these claims brought about by these children, through the help of their parents, have been labelled as ‘frivolous’ by critics.  The money should instead be going towards improvements to the schools in question, these critics say.

Campaign for Real Education secretary, Nick Smeaton, condemned these awards, remarking that it was simply scandalous that so much taxpayer money is spent on such claims instead of making UK schools better.

Irish MLA says department paid out £4m in 2 years’ time

Northern Ireland’s Department of Regional Development has made approximately £4 million in personal injury compensation payments over the course of the last two years, according to one SDLP MLA.

Accident claim experts recently reported that Jon Dallat, member of the SDLP Public Accounts Committee, stated that he’d become privy to the information after putting an Assembly Question to the Regional Development Minister.  The lion’s share of the personal injury claims were for injuries sustained whilst on the road, according to the information, as only £892,000 was claimed for injuries suffered to pedestrians walking upon footpaths..

Total compensation for 2009 was found to come in at £1.8 million, while 2010’s sum was considerably higher at £2.2 million. Just a bit over £22,000 was paid out on vehicle damage compensation on footpaths, while roadway vehicle damage costs were about £200,000.

Mr Dallat, the MLA for East Derry, remarked that the level of personal injury compensation has reached ‘unhealthy’ levels as of late.  As more than £4 million has been paid out over the past two years, the need to review has grown, he added that tere is an urgent need to review the notion that nothing can be improved.

The MLA also remarked that the Department was also queried as to why personal injury compensation claims seem to be so much higher than those occurring in Wales and England.  Mr Dallat went as far as to say that the legal profession was marching to the beat of its own drummer in setting its fee and compensation rates isolated from regulatory bodies from both the private sector and the public sector.