Archive for September, 2010

2,000 Pounds in Dog Bite Injury Compensation

Posted on: September 24th, 2010

A dog owner has been ordered to pay 2,000 pounds dog bite injury compensation after her Staffordshire Bull Terrier attacked and bit another dog owner’s arm.

Kidderminster Magistrates Court heard how the unnamed owner from Bewdley, Hereford and Worcestershire, had permitted her dog off the lead in a wooded area off the Cleobury Road.

The dog ran over to a close by Jack Russell, and its owner – fearing the smaller dog was about to be attacked – bent forward to pick her dog up.

The Bull Terrier then bit the second owner, ripping a chunk out of her arm and leaving the injury in need of stitches which will result in a permanent scar.

During the hearing, the owner of the Bull Terrier was told to pay the victim 2,000 pounds compensation and ensure that her dog wears a muzzle at all times.

Fatal Asbestos Compensation Claim Resolved for 47,500 Pounds

Posted on: September 24th, 2010

The family of a man who died from asbestosis has been awarded 47.500 pounds in an asbestos compensation claim against his former employer’s insurance company.

Donald Bracher, formerly of Chulmleigh, Devon, passed away in January 2008 aged 76, after fighting a five year battle against asbestosis. The disease was contracted during his 50 years of emplyment with local Barnstaple firm, Shapland and Petter, through working with asbestos in an unsuitable environment.

Donald was employed to cut windows in asbestos-lined fire doors, with no protection against the inhalation of asbestos fibres, and normally in a small workspace with inadequate ventilation. It was alleged that right until the day Donald retired in 1996, there was no warnings given to him by his employers about the dangers of working with asbestos.

The legal action brought by his son, Kenneth, was against the insurers of Newman Tonks Ltd – the company which bought Shapland and Petter in 1999 – which themselves are no longer in existence. Nonetheless, the company’s insurance company agreed to pay the compensation for the pain and suffering Donald had experienced.

Prison Officer Wins Work Claims Compensation for MoJ Non-Compliance

Posted on: September 18th, 2010

A prison officer, who was seriously injured after a night orderly officer’s failure to comply with prison procedure, is to receive 47,500 pounds in work claims compensation.

Keith Brown, 55, from Dorchester in Dorset, suffered a fracture at the base of his thumb after being attacked by a known disruptive and violent inmate at HM Prison Dorchester in January 2006.

The inmate charged at Mr. Brown after the night orderly opened the inmate’s cell door – in contravention to a number of prison procedures – causing the injury, which failed to heal properly and stills limits the use of Mr Brown’s thumb.

In an out of court work claims settlement, the Ministry of Justice admitted liability and agreed to pay 47,500 pounds in compensation on the basis that Mr. Brown was placed in an unsafe position.

Mr Brown continues to work at HM Prison Dorchester in a restricted position.

Record UK Cyclist Compensation Award for Former Commonwealth Games Competitor

Posted on: September 17th, 2010

A record 13.75 million pounds has been awarded in cyclist compensation to a former Commonwealth Games cyclist who suffered horrific injuries in a road traffic accident during a training ride in November 1998.

Manny Helmot, now 39, from Guernsey, represented the British Crown Dependency in the 1998 Commonwealth Games in Kuala Lumpur, and was looking forward to a promising career which was brought to a finish when he was struck by a car driven by Dylan Simon, also of Guernsey.

Manny suffered terrible injuries in the accident, including the loss of use in his right arm, partial blindness and brain injury. He spent 36 weeks in hospital recovering from his injuries, and has since been tended to by his mother, Rose, and her partner, Ken Jordan, in their adapted Guernsey home.

The negligent driver was convicted of dangerous driving and an initial award of 9 million pounds cyclist compensation was made to Manny. However, Rose and Ken felt that this was  not sufficient to meet Manny’s lifelong needs and, at the Guernsey Court of Appeal, Judge Jonathon Sumption agreed.

By ordering Simon’s insurance company, Tradex, to pay a further 4.75 million pounds, the previous UK record compensation award of 11 million pounds – made earlier this year to a road traffic accident victim in Wolverhampton – was eclipsed.

Deadly Drug Error Led to Patients Death

Posted on: September 15th, 2010

The family of Albert Matthews, 65, previously of Broseley in Shropshire, have agreed a 15,000 pounds medical negligence compensation settlement with the Shrewsbury and Telford Hospitals NHS Trust, after they admitted medical negligence which led to Mr. Matthews’ death.

Mr Matthews had been taken to the Princess Royal Hospital in Telford in September 2006, complaining of a shortness of breath. He was diagnosed with pneumonia in his upper lung, taken to hospital and given Tramadol and Haloperidol.

His condition continued to deteriorate, and several days later he was given 4mg of the painkilling drug Lorazepam. The cocktail of painkillers and sedatives put Mr Matthews into respiratory arrest, which lead to cardiac arrest and he died the next day.

In the medical negligence case against the hospital, it was claimed that these three drugs were known to affect breathing when administered together, and that Shrewsbury and Telford Hospitals NHS Trust had failed in their duty of care towards Mr. Matthews.

The Trust initially refuted the claim – stating that appropriate medical treatment had been given – but have now admitted that the combination of drugs did lead to Mr. Matthews’ premature death and have apologised to the family as well as agreeing to a compensation payment of 15,000 pounds.

Undiagnosed Brain Tumour Compensation Awarded

Posted on: September 11th, 2010

A former Church of England assistant minister, whose brain tumour was left unattended for three years, is to receive a substantial out of court settlement for undiagnosed brain tumour compensation.

Adrian Underwood, aged 42, from Birmingham, had been studying a theology course in Nottingham in 2001, when he started to suffer severe headaches. He was sent to Nottingham University Hospital, where he underwent a brain scan which revealed a growth inside his skull, but no further action was taken and Adrian was discharged – being told he had nothing more serious than a migraine.

Adrian was not able to finish his course – moving back to Birmingham to take the position of a curate. However, his health continued to worsen, and it was during a medical investigation in 2004 to determine why Adrian was losing his sight that the much enlarged brain tumour was noticed after a scan at Birmingham Eye Hospital.

An emergency procedure removed a tumour the size of a lemon, which had forced down upon Adrian’s brain and formed a lump in his head. Adrian now suffers from constant fatigue and epilepsy as a result of this oversight – medical conditions which could have been avoided if the tumour had been removed after the initial scan.

Nottingham University Hospitals NHS Trust accepted liability but did not add any further comment.

Marks and Spencers Compensate Broken Hip Slip Victim

Posted on: September 4th, 2010

An elderly customer has been awarded 7,500 pounds in broken hip slip compensation after breaking her hip when slipping on a prawn cocktail in her local Marks and Spencers store.

Janet Morritt, aged 71, from Perth, Scotland, was grocery shopping at the Marks and Spencer store in High Street, Perth, when she slipped on a greasy mixture of water and a prawn cocktail which had leaked from a nearby chilled food cabinet.

Janet fell to the ground, breaking her hip and requiring the insertion of a plate and screws during the resulting eight days spent in hospital. She now mustwalk with the aid of a stick and requires a wheelchair if making long journeys.

The MacMillan Cancer volunteer sought legal guidance and sued Marks and Spencers for “fault and negligence”, claiming that it was their duty to take reasonable care for the safety of their customers and not expose them to unnecessary risk of injury.

Marks and Spencer sargued the claim, stating that Janet had a duty to watch where she placed her feet, however Perth Sheriff Court ruled out the counterclaim of contributory negligence and found against the chain store – awarding Janet 7,500 pounds compensation.

1 Million Pounds RTA Compensation for Student Nurse

Posted on: September 3rd, 2010

A nursing student, who was knocked from her motorcycle as she was travelling to her first night shift, has been compensated for the loss of her leg in the road traffic accident.

Lisa Bennett, aged 43, of Upper Parkstone, Dorset was a second year nursing degree student when the accident occurred in December 2004. She was on her motorcycle to St. Ann’s Hospital, Bournemouth when hit by a car, suffering terrible injuries to her right leg, a fractured spine, broken ribs and a broken shoulder.

Surgeons at the hospital could not rescue her leg, and it was initially amputated below the knee before four more similar operations were required to control post-operative infections. The mother of a son – who was twelve years of age at the time of the incident – has since received a prosthetic limb, but still suffers severe pain due the nerve damage sustained in the accident and regularly relies on a wheelchair.

The driver of the vehicle admitted liability, and an initial out of court settlement of 1 million pounds was agreed between Lisa’s legal representatives and the negligent party’s solicitor. However, this was then reduced by 20% as it was claimed by the negligent driver that Lisa had a faulty headlamp on her motorcycle at the time of the accident.

50,000 Pounds Dental Malpractice Compensation for Grandmother

Posted on: September 3rd, 2010

A 75 year old grandmother has been awarded 50,000 pounds in dental compensation after dentistry malpractice left her in agony and unable to eat.

Mrs Jean Wall of Droylsden, Greater Manchester, wanted a Hollywood-like smile, and after consulting with Droylsden based cosmetic dentist, Dr. Oscar Kwame Gagoh, agreed to a schedule of teeth bleaching, crowns and veneers, as well as treatment intended to straighten a crooked front tooth.

The work, which started in March 2007, meant that Mrs Wall had to endure hours at a time in Dr. Gagoh’s treatment chair, regularly having to have her anaesthetic topped up and with the sessions leaving her in great pain.

Despite Dr. Gagoh’s promise that the work would be completed “in no time”, the sessions continued, and the agreed price increased regularly from 8,000 pounds to 10,000 pounds, and eventually up to 15,000 pounds.

Mrs Wall refused to pay any additional money, and complained that the treatment had left her with burned and blistered lips, nerve damage and unbearable dental pain which prevented her from eating, drinking or swallowing properly.

Mrs Wall sought medical and legal guidance, and had to endure a further year of dentistry to correct the errors that Dr. Gagoh had made. Dr. Gagoh declined to address the claim of negligent treatment, insisting that he had done nothing wrong but, after a three year legal battle, his insurers agreed to the compensation payment.