Monday , July 13 2020

Widower to Receive Caesarean Error Compensation after Death of Wife

The family of a woman, who died during the birth of her son due to a sequence of medical errors, is to receive 410,000 pounds in Caesarean error compensation following a hearing at the High Court in London.

Joanne Lockham (45) of Wendover, Buckinghamshire, was preparing to give birth to her first child at Stoke Mandeville Hospital in October 2007 when the baby´s heart rate dropped and an emergency Caesarean operation was scheduled to enable the child´s swift delivery.

However, while Joanne was under general anaesthetic, her oxygen supply was not put into her windpipe and she suffered a cardiac arrest. Joanne was deprived of oxygen for half an hour and her heart stopped shortly after her baby was born. She died two days later, having never seen her son, Finn. Finn is now care for by her widower, Peter.

At London’s High Court, Mr Justice Burnett heard that serious failings by the hospital had been identified during the inquest into Joanne´s death. In addition to depriving Joanne of oxygen, medical staff had administered a second dose of drugs to paralyse her limbs when she started to stir and the repeated attempts to insert an oxygen tube when the error was noticed wasted valuable time which contributed towards her death.

Mr Justice Burnett also heard that Buckinghamshire Hospitals NHS Trust acknowledged their errors and liability for personal injury compensation, and a settlement of Caesarean error compensation for 410,000 pounds had been agreed. Mr Justice Burnett approved the settlement, stating that the claim had arisen in “especially tragic circumstances”.

Insurance Company Compensation Tactics Condemned by Law Society

The Law Society of Northern Ireland has produced a report on “Third Party Capture” which condemns insurance company compensation tactics and calls for greater protection for victims of personal injury.

The report, which focuses on approaches made to a potential claimant by insurances companies after one of their clients has been responsible for causing a personal injury, identifies specific issues which the public should be aware of:-

  • Discouraging potential claimants from seeking a medical opinion
  • Discouraging potential claimants from seeking professional legal advice
  • Providing incorrect personal injury information to injured parties in respect of their legal rights
  • Pressurising potential claimants to make decisions about accepting an offer of compensation before they know the full consequences of their injuries

One positive result from insurance company compensation tactics is that many more claims are being resolved quicker, as the insurance companies have acknowledged their clients´ negligence and are more open to negotiating a settlement.

Nonetheless, the report warns against victims settling a personal injury compensation claim without first getting a medical opinion, and recommends that claimants should also seek professional legal advice from a qualified personal injury solicitor.

 

Family Awarded Extreme Sports Injury Compensation after Daughter´s Death

A New Zealand water sports company has been ordered to pay the family of a British girl who drowned during one of the company´s river excursions 80,000 NZ dollars in extreme sports injury compensation after they were found to have breached health and safety regulations.

Emily Jordan (21) of Trimpley in Worcestershire died in a tragic accident while river boarding on the Kawarau River near Queenstown in April 2008. The board to which she was attached became trapped beneath a rock while Emily was riding through the rapids and she drowned before help could reach her.

Judges at Queenstown District Court set the extreme sports injury compensation after hearing that Emily and her boyfriend, Jonny Armour, had not been warned about the risks of being trapped under rocks and that no rope had been provided to assist water boarders who got into difficulty.

A sports injury compensation claim was made against the company organising the event – Black Sheep Adventures – after they admitted failing to ensure the safety of their customers. The company was also fined 66,000 NZ dollars and told to get their safety plan up to industry standards.

Compensation for Holiday Food Poisoning Paid to Honeymooner

A man, who contracted the potentially life-threatening dysentery illness after eating at an all-inclusive resort on his honeymoon in 2004, has received compensation for holiday food poisoning from the travel company through which he booked the trip.

Julian Hurley (50) from Doncaster, South Yorkshire, was staying on the Venezuelan island of Margarita when he ate food described as being of poor standard and contracted the illness. Due to a lack of medical facilities on the island, it was not until Julian returned home that he was treated for his condition.

Julian was immediately admitted to Doncaster Royal Infirmary where he was treated for five days with antibiotics and he still suffers from the effects of his illness five years after his honeymoon. In his claim for public liability compensation against First Choice Holidays Julian provided medical evidence to show that he has irritable bowel syndrome, post-traumatic stress and chronic fatigue syndrome which are all attributable to being ill while on holiday.

First Choice Holidays investigated the claim and, after negotiation with Julian´s legal representatives, settled out of court with compensation for holiday food poisoning of 286,500 pounds.

Court Settles Compensation for Accident with Uninsured Driver

A court in Scotland has had to determine the settlement of compensation for accident with uninsured driver, after the representatives of a man who sustained brain injuries in a tragic accident could not reach an agreement with the Motor Insurers´ Bureau.

Lord Woolman, at the Court of Session in Edinburgh, heard how Sean Milligan (44) spent 28 weeks in a brain injury rehabilitation unit after being involved in a van accident in May 2004. The driver of the stolen van which hit Sean´s Nissan Micra head-on had been banned from driving and was under the influence of alcohol when the accident happened.

Despite his extended rehabilitation, Sean still suffers from bouts of anger and depression, and finds it difficult to concentrate, balance and walk. As the driver responsible for Sean´s injuries – Mark Lynch – was uninsured, a claim for compensation for accident with uninsured driver was made against the Motor Insurers´ Bureau.

However, no agreement could be reached on how much compensation for accident with uninsured driver Sean should receive, and the case was before Lord Woolman for assessment of damages only. Announcing a decision to award 3.3 million pounds, Lord Woolman stated that the crash had devastating consequences for Sean which were “demonstrated by the fact that he requires round-the-clock care, seven days a week”.

Trip in Pub Compensation Awarded to Well Heeled Smoker

A woman, who fell in the smoking area of her local pub due to the heel of her stiletto shoe snagging on a damaged floor, has settled her trip in pub compensation claim with the bar´s insurers for 18,000 pounds.

Selena Gilder (40) from Tewkesbury, Gloucestershire, had just finished a cigarette in the smoking area of the town´s Albion Pub in April 2007, and was returning to her seat in the main area of the pub, when the heel of her shoe got caught in broken concrete. She tripped and then fell, smashing her knee, breaking her leg and sustaining severe scar injuries.

Selena had to undergo three operations to repair the damaged knee and missed eight months from work due to her injuries. During this time she suffered financial hardship as well as the pain from her broken leg.

After seeking advice from a personal injury solicitor, Selena made a tripped in pub compensation claim, stating that she fell due to the state of the floor which she may have been able to avoid had the lighting not been so poor.

The pub´s insurers agreed to settle the claim for 18,000 pounds once they had seen Selena´s medical records.

Fatal Bike Accident Compensation Awarded to Teacher´s Family

The family of a science teacher, who was killed in a collision with a car while cycling home from the school in which he worked, has been awarded 580,000 pounds in fatal bike accident compensation.

David Kerslake (44) from Bolton, Greater Manchester, was cycling along Compton Way in Bolton in October 2004 when the driver of a car travelling in the opposite direction suffered a hypoglycaemic attack and lost control of his vehicle. David was killed instantly, leaving a wife and young daughter.

David´s wife, Jacqueline, made a claim for fatal bike accident compensation against the negligent driver, whose car insurance company were quick to acknowledge liability. However, it was not until almost five years after David´s death that the amount of bike accident compensation to be paid was finally agreed upon.

As a tribute to David, the Sharples School at which he worked gained special science status two years after his death.

Pensioner Gets Compensation for Bad Bank Advice

A 91-year-old pensioner, who was wrongly advised about how to securely invest his life savings, has won almost 200,000 pounds in compensation for bad bank advice against his local branch of Barclays Bank.

Isaac Price (91) from Llandrindod Wells, Powys, was looking for an investment which would boost his savings without putting his savings at risk to enable him to pay for his care home fees. Having banked with Barclays for over seventy years, Isaac saw one of the bank´s financial advisors who recommended moving the money into a fund primarily composed of shares.

Unfortunately the value of the shares – and the fund into which Isaac had invested his life savings – fell considerably, and Isaac saw 75,000 pounds wiped off the value of his investment. Concerned about the loss of his savings, Isaac complained to the bank, who rejected his initial claim of professional negligence – stating that they were satisfied the investment was wholly suitable at the time.

However, under pressure from Isaac´s Member of Parliament, Roger Williams, Barclays Bank were forced into a U-turn and reconsidered the case. Admitting that there were “occasional errors”, Barclays Bank refunded Isaac with the funds he had invested into the failed investment scheme and paid him the interest he would have received in a standard savings account as compensation for bad bank advice.

Compensation for Death of Child Due To Misinformation

A grieving mother has agreed to a 20,000 pounds compensation for death of child settlement in respect of her malpractice claim against the hospital in which her son died while undergoing heart surgery.

Jaidon Vines was only eleven months old when he underwent a second operation at Oxford’s John Radcliffe Infirmary to close a hole in his heart. Hours after the surgery, which the medical team had described to his mother – Shara – as successful, Jaidon suffered a heart attack and died.

No post-mortem examination was carried out due to the surgeon´s explanation that Jaidon had died because of his heart condition, however experts later established that tubing inserted into Jaidon´s heart in the first operation had not been removed before a further tube was inserted during the second surgery.

After discovering that the John Radcliffe Infirmary had not been honest with her about the risks involved with the second surgery, and that her son could have lived for a further thirty years had the surgery been performed correctly, Shara Vines made a malpractice claim for compensation against the hospital.

Claiming compensation for death of child due to misinformation, Shara´s legal representatives called on expert witnesses who testified that the second operation was unnecessary in the circumstances and that on the balance of probability Jaidon would have survived for a considerable period of time without it.

The John Radcliffe Infirmary made an offer of settlement in the amount of 20,000, which Shara accepted under advice.

Wrongful Death Accident Compensation for Landslide Families

The Chinese government has announced that families of the thirty-five victims known to have perished in the Jiwei Mountain landslide are each to receive 200,000 Yuan (29,200 US dollars) in wrongful death accident compensation.

The decision to pay wrongful death accident compensation was made following an investigation into the tragedy in Hongbao, Western China, in which the privately owned mining company, Sanlian, was found to have ignored government warnings of “possible geological dangers”. Claims that Sanlian had continued a program of excessive drilling and mining were confirmed when it was discovered that the company failed to adhere to the terms of their operating licence.

Officials announcing the news of the wrongful death compensation settlements stated that the amounts represented the standard compensation payments for fatalities from negligent accidents and took into consideration that the government had already offered the villagers of Hongbao 5,000 Yuan to move in 2003 because of the known unstable terrain. It was also revealed that one of the mine´s owners – Su Xianyun – had been taken into police custody.

This followed a similar tragedy in 1994 in which seventy-nine people were killed. At the time of the previous landslide the cause of the accident was attributed to the geology of the area and no wrongful death accident compensation awards were made. However government officials have now said that the investigation into the disaster may be re-opened to determine whether excessive mining was also responsible.

Tube Driver Awarded Damages for Severe Emotional Trauma

The driver of the London Underground train on which Jean Charles de Menezes was mistakenly shot dead has been awarded 1,000 pounds in damages for severe emotional trauma by the Criminal Injuries Compensation Authority (CICA).

Quincy Oji was the driver of the Northern Line train in July 2005 which was boarded by police in pursuit of the suspected suicide bomber and, as the unfortunate shooting took place, Quincy fled from his cab and ran into the tunnel. The CICA tribunal heard that Quincy was chased by armed police and in his panic tripped and fell to the ground.

Following the incident, Quincy was diagnosed with Post Traumatic Stress Disorder and had to take a considerable amount of time off from his job before he was passed fit to continue driving trains.

Quincy´s original claim for damages for severe emotional trauma was rejected on the grounds that he was some distance from the shooting but, after seeking legal advice, Quincy appealed against the decision and, almost four years after the fateful incident in Stockwell Underground Station, was awarded personal injury damages amounting to 1,000 pounds.