Injury Compensation News

A man from Devon has had a claim for nursing negligence upheld after his private medical records were unlawfully accessed and disclosed, resulting in the exacerbation of an existing psychological complaint

Sean Robert Grinyer from Plymouth, Devon, claimed in his action against the Plymouth Hospital NHS Trust, that the actions of a former partner – who was employed at the hospital as a nurse when the offence occurred in December 2007 – had led to a worsening of his paranoid personality disorder.

He also claimed that Plymouth Hospital NHS Trust had failed to handle his complaint about the issue in an acceptable manner, leading to a further deterioration in his mental health, with the consequence that he had been unable to accept an offer of temporary employment.

Judge Cotter QC, sitting at Plymouth County Court, heard legal counsel argue that the unauthorised disclosure of Mr Grinyer´s private medical records was in breach of Section 13 of the Data Protection Act 1998 and constituted nursing negligence on behalf of Plymouth Hospital NHS Trust.

After hearing medical testimony relating to the deterioration in Mr Grinyer´s condition, Judge Cotter QC ruled that a personal injury had occurred due to negligence and awarded the claimant 12,500 Pounds in nursing negligence compensation, along with a further 4,800 Pounds in respect of Mr Grinyer´s loss of income.

A pensioner, who broke his leg in three places when falling into a hole at his local park, has been awarded 160,000 pounds in settlement of his personal injury claim against his local council after the injuries resulted in the amputation of his leg.

Edward Tuffrey (67), a retired window cleaner from Barnes, Middlesex, was walking his dog in the Suffolk Road Recreational Ground in May 2006 when his foot plunged into a ten-inch hole in the ground. Despite the insertion of a metal plate and nine screws, the leg failed to heal and after the metal plate snapped in 2008, an infection developed in the leg which resulted in its amputation.

Edward made a personal injury claim against Richmond Council on the grounds that he and other local residents had complained to the council about the state of the recreational ground for several years without anything being done. Richmond Council were found negligent and responsible for Edward´s injuries by the Mayor and City of London Court in October 2010 but given leave to appeal.

Shortly before the appeal case was due to be heard in December 2011, the council and Edward´s solicitors arrived at a negotiated settlement which will see the council pay Edward 160,000 pounds for his injuries.

A Staffordshire couple have won their hospital negligence claim against the Stafford Hospital after a tube was left in their son´s throat for ten days following his delivery in February 2007.

Claire and Kevin Thomas of Cannock, Staffordshire, took the hospital to court after their ten day old son coughed up the six inch long endotracheal tube which had been inserted in his throat to help him breathe during a difficult delivery.

Because of complications during baby Owen´s birth, mother and son were still in the specialist care unit of Stafford Hospital when the incident happened and he was able to receive immediate medical attention.

Although Owen – who is now four years of age – suffered no long term health effects from the surgical error, his parents decided to take legal advice and made a hospital negligence claim against the hospital and the staff who had assisted with Owen´s delivery.

The claim has now been settled against Mid-Staffordshire NHS Foundation Trust for an undisclosed sum

A man, who suffered catastrophic brain injuries when his motorbike was in collision with a car, has had an undisclosed settlement of his motorbike accident claim approved in London´s Royal Court of Justice.

David Buchan (28) of Watford, Hertfordshire, sustained the injuries in February 2005 after his bike was hit by a car driven by Mark Whiting of Hatfield, Hertfordshire, and following a long period in intensive care had titanium plates inserted into his head.

Since his accident, David suffers from depression, has impaired senses of smell and taste and has suffered a partial loss of sight. Although he has learned to walk again, he can only manage short distances with the aid of a stick and it is unlikely that he will ever be able to work again.

Mr Justice Langstaff at the Royal Courts of Justice heard that settlement of David´s motorbike accident claim had taken so long because of a dispute over liability and, although the undisclosed compensation settlement was believed to be substantial, represented just one-third liability on behalf of the defendant.

Approving the settlement, the judge paid tribute to David´s mother – Ann – and the remarkable levels of care and support she had provided for her son during his recovery.

A man who was discharged from hospital with a broken neck, after he was assured by his doctor that he was “fine”, has won his doctor negligence claim for compensation and been awarded 7 million dollars compensation by a jury at the Federal District Court in Cheyenne, Wyoming.

Louis Prager was a healthy husband, father and grandfather who worked as an oil field worker near his home in Campbell County, Wyoming. On December 9 2008, Louis was rushed to Campbell County Memorial Hospital after being involved in a rollover accident in his car. Immobilised and wearing a neck brace, Louis was attended by Dr. Brian Cullison in the Accident and Emergency Department, who organised a CT scan and for x-rays to be taken of Louis´ head and back.

Dr Cullison released Louis the same day – without performing a physical examination, despite his patient complaining on neck pain, and minus the neck brace – but four days later, Louis returned to the Accident and Emergency Department of Campbell County Memorial Hospital having lost the use of his left arm and shoulder. He was diagnosed with multiple cervical spine fractures which had caused C5 nerve root injuries and underwent emergency neck fusion surgery.

Despite several further surgeries to relieve the pain and implant a spinal cord stimulator, the condition became permanent and, after taking legal advice, Luis sued Dr Cullison and the Campbell County Memorial Hospital for doctor negligence.

At the trial, the jury heard the hospital and Dr Cullison both deny the allegations of doctor negligence – with the doctor claiming that he had performed a physical examination and it was not usual practice for the victim of a rollover car accident to have neck x-rays. However, a medical expert testified that had the doctor examined Louis´ neck, he could not have failed to miss the injury.

After deliberating in private, the jury found in favour of Louis, and awarded him 7 million dollars for the pain and suffering he had experienced due to the doctor´s negligence, his loss of amenity and loss of income as he is no longer able to work. The jury also awarded Louis´ wife, Rebecca, a further 2 million dollars for loss of consortium – the combined figure setting a new record for the highest doctor negligence claim settlement in the State of Wyoming.