Brain
NB
Female aged 23 - severe brain injury - £1.65 million
Female aged 6 at accident and 23 at settlement
Severe brain injury
Deliberate delay in finalisation allowed sensible prediction of the future
Settled for £1.65 million
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JS
Three year old boy knocked down by a car – severe brain damage - £4.2 million
Male aged 3 at accident and 12 at settlement
Severe brain damage
Will never live independently, or work
Case finalised at mediation for £1.3 million and periodical payments
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PC
Male, 20 - settled for £900,000 lump sum, with periodical payments £35,000
Male age 20 at time of industrial accident, and 29 at mediation settlement
Liability agreed at 95% Severe brain injury, causing behavioural problems
Settled for £900,000 lump sum, with a periodical payments order for £35,000 for life
Total value about £1.9 million
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MC
Male aged 1 - award of £6.4 million
Male aged 1 when assaulted by father, 27 at hearing in 2011
Very severe brain damage – behavioural problems – Autistic Spectrum Disorder
Award of £6.4 million
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ND
Male aged 25 - settled for £4 million
Male aged 25 at time of road traffic accident, and 29 at settlement
Settled in 2011 for £4 million
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NM
Male aged 51 – settled for lump sum £1.25 million
High earning professional in his 50s, injured in a road traffic accident
Severe brain injury
Settled in July 2011 for a lump sum of £1.25 million, with a periodical payment of £100,000 a year for 10 years, term certain = £2.25 million
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EW
Female aged 44 - emerging at traffic lights - judgment at trial for 85%
Emerging from a side road at a traffic light junction where the traffic lights were not working
Judgment at trial for 85%
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JK
Female aged 17 - settled for £2.1 million
Female aged 17 at date of road traffic accident, and 23 at settlement of her claim in 2010
Very severe brain damage
Settled for £2.1 million
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JPS
Male aged 21 – Court of Appeal mediation- settled for £4 million
Severe brain injury
Liability dispute – Court of Appeal mediation
Settled at mediation for £4 million
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N A
Male aged 35 - settled for £1,030,000 plus periodical payments
Severe brain injury
Returned only to part time, sheltered work
Settled in September 2010 for £1.85 million ((lump sum £1,030,000 plus periodical payments order)
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XY
Male aged 22 months – settled for a lump sum and periodical payments - £5.2m
Bilateral, dystonic cerebral palsy caused by medical negligence
Settlement in 2010 for a lump sum and a periodical payments order, totalling about £5.2 million
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BE
Male aged 9 months - settled for £5 million
Severe brain damage
Settled for about £5 million in July 2010
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LD
Male aged 15 - settlement at £4 million with periodical payments
Severe brain damage
Settlement at over £4 million
Periodical payments order
Practical difficulties of managing a young man with behavioural problems
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BB
Male aged 16 - settlement for £5.9 million
Severe brain damage
Settlement in 2010 for £5.9 million
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PW
Clin neg at birth - cerebral palsy - settlement at £3 million
Clinical negligence
Failure to monitor adequately before delivery of baby
Cerebral palsy
Settlement at £3 million
Expert signing joint statement which did not represent his views accurately
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MP
Male, 7 – settled for £1.1m lump sum, with periodical payments - £3.3m
Severe brain damage
Settled in 2010 for £1.1 million lump sum, with a periodical payments order for £45,000 a year for eight years, and £80,000 a year thereafter = £3.3 million
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B T
Male aged 52 – £3.8 million
Severe brain damage
Settled in 2009 for £1.6 million lump sum, and £220,000 pa periodical payments = £3.8 million
Claimant being cared for in a care home, but desperately wanted to have his own home – that was achieved
His “difficult” behaviour ceased when he got home
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POM
Male, 29 - settlement for about £8.3m - lump sum and periodical payments
Extremely severe brain damage and tetraparesis
Settlement for the equivalent of about £8.3 million
Combination of lump sum and periodical payments order
Always listen to the family
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MK
Female aged 31 – PVS - circa £2.3 million
Catastrophic brain injury in 2003
Persistent vegetative state
Settlement in 2009 for a lump sum of £710,000, with a guarantee by way of periodical payments order to ensure a good quality room in a care home for life
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OM
Male aged 1 - medical negligence – settled for £3.4 million
Severe brain injury caused to a child aged 1 by medical negligence
Final settlement in 2009 for £3.4 million, with the option of a periodical payments order
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BP
Male aged 1 – medical negligence - settled for £5.9 million
Negligently treated meningitis in child aged 1
Liability admitted
Settlement in 2008 for £5.9 million
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AN
Female aged 28 – icy road - settled for £1.75 million
Claimant aged 28 skidded on an icy road in the early morning
She sustained severe brain injury
Liability agreed at two thirds in the claimant’s favour
Compensation agreed at £1.75 million in 2008
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AK
Male aged 41 - settled for £1.5 million
Male claimant aged 41 at accident and 46 at settlement
Very severe brain injury
Settled for £1.5 million in 2008
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KL
Clin neg at birth – liability established - cephalo-pelvic disproportion
Clinical negligence
Failure to see the developing signs of cephalo-pelvic disproportion
Suspicious CTG traces
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KL
Clinical negligence - £3.1 million
Clinical negligence
Judgment for 85%, discounted for the risk of failure
Damages assessed at £3.1 million, if a lump sum was appropriate
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CB
Male aged 26 - settled for £2 million
Male aged 26 at accident and 31 at trial
Settled for £2 million when the judge at trial made it clear that he would not award high damages for loss of earnings
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KT
Male, 3 – settled for lump sum and periodical payments, equivalent to £5.6m
Accident 1998, when the claimant was three
Severe brain injury
Settlement in 2008 for a lump sum and periodical payments, equivalent to £5.6 million, when he was 12
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KD
Clin. neg. at birth – settled for £1.8m, with periodical payments of £160,000 = £5.6m
Catastrophic brain injury caused by clinical negligence
Settlement in 2007 for a lump sum of £1,825,000, with periodical payments of £160,000
Equivalent to about £5.6 million as a lump sum
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ST
Male aged 24 - strong sexual urges - £3.1 million
Severe brain injury
Strong sexual urges
Trial on the amount of compensation
Judgment for £3.1 million
Summary of our case before, and at the end of, trial.
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JM
Female aged 19 - £3.6 million at 55% - nearly £7 million at 100%
Extremely severe brain damage
Trial in 2006
Excellent result - £3.6 million at 55% - nearly £7 million at 100%
Parents criticised by insurance company but vindicated by judge
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SG
Male, 5 - settled for lump sum £800k and periodical payments £77,500 a year
Severe brain damage
Settled in 2006 for a lump sum of £800,000 and a periodical payments order for £77,500 a year
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JB
Female, 42 - clinical negligence re anaesthetic device - settled for 95%
Clinical negligence
Post-operative patient controlled anaesthetic device used
Overdose of morphine
No explanation from hospital
Liability denied until about a month before trial
Settled for 95%
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H.B
Female, 6 - settled at mediation for £1m lump sum, not periodical payments
