The claimant, a 29-year-old man, received a lump sum of £2,640,000 and periodical payments of £53,035 per annum after he tripped on a pavement in February 2008 and sustained ruptured quadriceps tendons which were not diagnosed for seven months. Attempts to repair the injuries were unsuccessful and he was left permanently disabled and reliant on a zimmer frame or wheelchair to mobilise.
The claim concerned both issues relating to the Occupiers' Liability Act and also clinical negligence with regards to the treating Trust. On 22 February 2008 the claimant (C) tripped on a defective pavement maintained by the first defendant (D1). C fell on to his knees. An ambulance took him to a hospital of the second defendant trust (D2) where he was examined, given a splint and crutches, told to take painkillers and was discharged and told to return a week later.
C experienced ongoing pain. In September 2008 he underwent an MRI scan and it was discovered that he had ruptured the quadriceps tendons in both knees. Such an injury normally required surgical repair within 48 hours to limit the severity of the permanent effects.
As a result of the 7 month delay in treatment, C suffered a permanent injury. C was rehabilitated and received physiotherapy. However, he was unable to mobilise independently and instead mobilised using a zimmer frame or a wheelchair. He was completely dependent on family members at home and was unable to leave the house unsupervised.
At the time of the accident C had been studying at university for a HND in computing and was no longer able to proceed with this following the accident due to both physical and psychological limitations caused by his injuries.
C brought an action against D1 alleging that it was negligent in failing to maintain the paving to an acceptable standard. He also brought an action against D2 alleging that it was negligent in failing to diagnose the ruptured tendons and repair the injury within 48 hours.
Liability was admitted. The matter was settled on the basis that causation was not an issue. An out of Court settlement was agreed in the sum of £2,640,000 lump sum and periodical payments of £53,035 per annum for the remainder of the claimant's life.
Johnathan Steventon-Kiy, specialist personal injury lawyer, says:
“Claims where there are disputes on liability are very complex. It is important that an experienced specialist solicitor assists the Claimant to ensure that the correct amount of compensation is received. The specialist solicitors in Biscoes Personal Injury team have many years of experience pursuing these sorts of cases where complex issues regarding pre-existing conditions have arisen.”
Contact our specialist personal injury, medical negligence and industrial disease solicitors on 0800 413 463 or visit www.biscoes-law.co.uk for more information. You can also follow us on twitter using the handle @biscoesmedneg