Our client suffered intracranial pressure when he was a child, causing permanent ischemic damage to his optic nerve in both eyes and resulting in virtual blindness. Sadly, two separate hospital trusts wrongly dismissed his symptoms as being indicative of severe headaches. Our client instructed us as clinical negligence solicitors, to pursue a claim against the hospital trusts who were dealing with his care and treatment.
Medical experts advised the client (who was in his early twenties at the time) that he would lose all remaining vision over a period of years, likely by the time he reached the age of 40.
The hospital trust had admitted primary fault at a relatively early stage, but the extent of his injuries caused by this clinical negligence and the level of damages remained in dispute. Due to issues regarding prediction of future care and loss of earnings, the valuation of the claim was drawn out.
Aside from the contested nature of the remaining elements of the claim, there was an added complication as to the life expectancy of our client was also an issue, due to a previous condition. The assessment of damages was not straightforward because the client was studying at the time, despite having only 3% vision in one of his eyes. He hoped to become a script writer and needed specialist technological support, as well as a qualified buddy to assist him with his day-to-day activities.
During the proceedings, our clinical negligence solicitors secured specialist experts and implemented a case management programme to help our client achieve his ambitions as soon as possible. This meant that he didn’t have to wait for the conclusion of the case, which was many years after the clinical negligence had taken place. Despite his significant disability, he was then able to commence undergraduate studies; he wouldn’t have been able to pursue these studies without the interim payments and support we secured for him as the case progressed.
Our team of clinical negligence solicitors settled the claim through a roundtable discussion, by way of a lump sum of £1.5 million plus periodical payments on an annual basis. On a fully-capitalised basis, this meant that the claim was valued at around £4million.
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To find out more about how we can provide support with brain injury claims please contact us or take a look at the brain injury claims part of our website.
You were always willing to listen and fight hard for me. Thank you.
