Stephen Friday represented the claimant at a joint settlement meeting in March when the defendant trust agreed to pay a lump sum of £2,100,000 and periodical payments of £40,000 p.a. to ‘top up’ a substantial state funded care package and without the claimant agreeing to a reverse indemnity. The settlement was at 85% of full value, breach of duty and causation having been agreed at an earlier settlement meeting in 2019.
The 47 year old claimant was rendered an incomplete (C4 ASIA D) tetraplegic following a negligent delay in the diagnosis of cervical discitis in hospital; she also faced the complication of bowel ischaemia and resection leaving her with short bowel syndrome and in need of total parenteral nutrition (TPN) 3 times a week. Her life expectancy was potentially shortened significantly over and above the effect of her SCI by smoking, high BMI, TPN and previous intravenous drug use.
Most unusually, the claimant was presently in receipt of state funded care substantially in excess of her care and case management needs as assessed by litigation care experts, and which she was keen to continue with and so a ‘Peters’ undertaking was not appropriate.
Stephen was instructed by Charlotte Keelty of SJP Law in Hull.