Personal Injury Compensation

Archive for April, 2012

Negligent Foetal Monitoring Procedure Compensation Approved in Court

April 27th, 2012. By Compensation News.

An eleven-year-old girl, who suffered catastrophic injuries due to avoidable errors made prior to her delivery, has had a settlement of compensation for negligent foetal monitoring procedure approved at London´s High Court.

Milly Evans from Cranwell in Lincolnshire was given birth to at the Lincoln County Hospital on 1st March 2001, but shortly after her birth suffered a seizure which resulted in her developing cerebral palsy. Her injury was of such severity that Milly is now restricted to a wheelchair, requires 24 hour care and communicates through sophisticated eye-gaze equipment.

The seizure was put down to negligent observation shortly before the delivery which, if the baby’s heart had been properly monitored, would have shown that the foetus was distressed and Milly´s birth would have been brought forward – avoiding her catastrophic injuries.

Although United Lincolnshire Hospital NHS Trust accepted liability for Milly´s injuries, the amount of compensation for negligent foetal monitoring was contested and, due to the delay, Milly´s father – Andy Evans – had to give up his career as a Red Arrows pilot.

Sir Robert Nelson at the High Court heard that an agreement had now been reached on a compensation for negligent foetal monitoring procedure package which consisted of a lump sum payment of 5.86 million pounds and lifelong annual periodic payments increasing over time to 204,000 pounds per year.

Speaking after Sir Robert Nelson had approved the settlement, the Evans family said that the money would be used to construct a properly adapted home which would be big enough for Milly to have access to all the rooms and include a hydrotherapy pool.

Judge Orders CCTV Release in Dublin Bus Crash Compensation Claim

April 13th, 2012. By Compensation News.

A judge in Dublin´s High Court has ruled that Dublin´s bus company must release CCTV footage to solicitors representing a claimant in a Dublin Bus injury claim.

The judgement was made by Mr Justice John Hedigan after years of stalling by the bus company and decisions made in the claimant´s favour by the Data Protection Commissioner and Judge Jacqueline Linnane in the Circuit Civil Court. The bus company had argued that the data they possessed about the claimant was privileged and, as potential evidence in litigation, they were not prepared to release it.

The Dublin Bus crash compensaton claim first started in October 2009, when a female claimant from Dublin alleged that she had sustained an injury aboard a Dublin Bus the previous year. Dublin Bus did not accept liability for the woman´s injuries and the Injuries Board Ireland declined to assess her application for Dublin Bus injury compensation.

While preparing for court proceedings, the claimant´s solicitors were advised of the existence of CCTV footage taken aboard the bus and were shown a video relating to their client´s claim for Dublin Bus injury compensation at Dublin Bus´s office. A request for a copy of the video was refused and, even after the claimant´s solicitors had complained to the Data Protection Commissioner, Dublin Bus continued to withhold the CCTV footage.

Dublin Bus appealed the Data Protection Commissioner´s decision to release the video and brought their case to the Circuit Civil Court. However, in July 2011, Judge Jacqueline Linnane ruled that the bus company should release the video to the solicitors on the grounds that the claimant had every right by law to request access to the CCTV footage in support of her Dublin Bus crash compsenation claim and that Dublin Bus had no right to withhold it.

Dublin Bus then opted to delay a resolution to the claim for Dublin Bus injury compensation by appealing Judge Linnane´s decision to the High Court, but Mr Justice John Hedigan found in favour of the claimant, stating that that Dublin Bus had “not raised a point of law giving rise to grounds for overturning Judge Linnane’s decision”.


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