Fentons settle brain injury case

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Fentons settle brain injury case

10th March 2008

Fentons client Mr Paul Roe suffered personal injury, loss and damage arising out of an accident on the 31st March 2003.

The Defendant was the employer of 2 engineers, who during the course of their employment were working at the premises of the Claimant's employers.

At about 11.30 a.m. the Claimant started to move a 10-12' high mobile platform ladder in the wash bay of the premises, when 2 metal bars weighing approximately 5lbs which had been left on top of the ladder by the Defendant's employees, fell and struck the Claimant on the head rendering him unconscious.

Liability was admitted by the Defendant.

The Claimant obtained evidence from the following experts:-

(a)Dr P Harvey, Emeritus & Honorary Consultant Neurologist,
(b)Dr N Leng, Consultant Neuropsychologist,
(c)Dr M D Beary, Consultant Psychiatrist,
(d)Ms N Thomson, Occupational Therapist.

The Defendant obtained evidence from the following experts:-

(a)Professor J Duncan, Professor of Neurology,

(b)Professor M Trimble, Professor of Behavioural Neurology & Consultant Physician of Psychological Medicine,

(c)Dr N Brooks, Consultant Neuropsychologist.

The material accident occurred in the context of an earlier severe brain injury, which resulted in damage to a number of areas of the Claimant's brain.

The Claimant sustained:-

(a)A moderately severe head injury.

(b)A serious exacerbation of a pre-existing active epileptic condition. Since the accident, the Claimant has more frequent and severe seizures, which remain uncontrolled to date.

(c)Psychiatric injury, namely anxiety related to the social situation, particularly interlinked with the increase of seizures and the fear of having seizures and embarrassing himself in company.

As a result, the Claimant has been unable to return to work since the accident.

The experts agreed that in view of the presence of the earlier severe brain injury, on the balance of probabilities, any current cognitive deficits are likely to be more a consequence of the earlier injury rather than the index injury. The experts did however note that the effects of brain injuries can be cumulative, and that the effects of brain injury may be more pronounced, and recovery slower or less complete if a previous significant brain injury has been sustained. Thus, there may be a component from the index injury - it is simply not possible to be certain without pre-existing data.

The experts concurred that the chance of any further anti-epileptic drug resulting in complete seizure control is less than 5%. The experts also agreed that the continued occurrence of epilepsy of that nature carries the risk of physical injury and an annual risk of mortality of approximately 1 in 200.

At a recent joint settlement meeting in London, for which the claimant instructed Andrew Ritchie, the claimant accepted the global sum of £270,000.

Matthew Sparrow, a Solicitor at Fentons Solicitors, acted for the claimant.

How can Fentons Solicitors help?

Fentons have aspecialist accident at work department experienced in handling claims for most forms of accident at work claims.

If you think that you have a case or require further information contact Fentons on 0800 0191 297 or fill in the online claims questionnaire.