Archive for February, 2011

Delayed Diagnosis of Brain Injury leads to £1.6m

Posted on: February 23rd, 2011 by Injury Claims.

A compensation award of over £1.6m for a delayed diagnosis of a brain injury has been nade to thirty six year old former opera singer Elaine Lennon.

Ms Lennon  was an award-winning inger, with a bright future ahead of her both as a singer and as a recently qualified psychologist. However, in February 2007, she started suffering headaches while pregnant with her daughter Claudia, and attended the accident and emergency unit her local hospital.

There, Mr. Justice John Quirk heard at the High Court, she was diagnosed by a medical registrar as suffering from a urinary tract infection and referred to a midwife, who assessed she was about to give birth and instructed that Elaine underwent a Caesarean section to deliver Claudia.

Claudia was born a healthy baby, but the headaches and neck stiffness continued and Elaine failed to respond toa  course of antibiotics. Doctors twice queried whether a CT scan of her brain should be performed but none was done, and Elaine and her baby were discharged a week after the birth.

Had a CT scan of Elaine’s brain been performed at the time, doctors would have noticed an abscess which later burst into the ventricles. Instead, she attended her GP’s clinic where Dr. Patrick Mathuna administered an injection which temporarily stopped the headaches and vomiting which had developed.

Dr. Mathuna called on Elaine a few days later, determined that she was suffering from post-natal depression and prescribed a sedative. Later that day, she fell at home and was admitted to an emergency department by ambulance. The following morning, Elaine experienced two seizures after which a CT scan was performed which revealed the extent of Elaine´s illness.

During the hearing the court heard how Elaine is now confined to a wheelchair and can only speak in a whisper. She also requires 24 hour care due to the doctors failing to notice her brain injury.

Approving an interim compensation settlement of £1.6m Mr. Justice John Quirke said that, were it not for her injuries, Elaine had the potential to make a lot of money in the future. Liability was admitted.

FDA Issues Advice for Patients with MoM Hip Replacement Devices

Posted on: February 18th, 2011 by Injury Claims. No Comments

The American Food and Drug Administration (FDA) has issued new advice for patients with metal on metal (MoM) hip replacement devices due to an increased number of illnesses being reported attributable to metal particles from the MoM hip replacement devices entering the blood stream.

In a number of cases it has been reported that microscopic traces of chromium and cobalt have caused illnesses with recipient´s hearts, nervous systems, thyroid glands and kidneys. This is addition to the more common problems associated with MoM hip replacement devices such as inflammation in the hip area, pain in the groin and a change in the recipient´s ability to walk as friction develops between the metal ball and cup of the MoM hip replacement devices.

The FDA has recommended that patients with MoM hip replacement devices should consult with their doctor should they experience chest pains or a shortage or breath, deterioration in vision or hearing, fatigue and coldness, or a change in urination habits. Although these symptoms cannot be confirmed as being attributable to a failure in the MoM hip replacement devices until such time as the results of a blood test have been reviewed by an orthopaedic surgeon, an early diagnosis can potentially save those with MoM hip replacement devices a considerable amount of pain and discomfort if revision surgery is required.

The same microscopic particles which are responsible for these symptoms are also know to wear down the bone around the implant area and cause tissue necrosis. These issues make revision surgery of MoM hip replacement devices far more complicated and less likely to succeed. Patients undergoing revision surgery where the bone and tissues are not fully intact also require a longer rehabilitation period to recover from their operation and return to normal life.

What this would mean for those making injury compensation claims is that settlements of compensation for MoM hip replacement devices would have to reflect the increased level of pain and recovery time in addition to compensation for the personal injury they have sustained. However, according to the advice issued by the FDA, it is the patient´s best interests to monitor their health carefully for signs of illness which could be due to the potential system toxicity of MoM hip replacement devices.

Dog Bite Case results in £4,600 award

Posted on: February 12th, 2011 by Injury Claims.

A young girl, who was bitten by a dog during a family holiday, has had a compensation settlement of £4600 approved in the Circuit Court by Mr. Justice Matthew Deery.

The court heard how Ciara Hill (12) of in July 2007, when she was attacked and bitten by a dog owned by the hotel.

In the action against FTP Hotel Limited, Ciara was represented by her mother, who explained how her daughter – who was just eight years old at the time – was traumatised, shocked and upset by the incident.

Approving the compensation settlement, Mr. Justice Matthew Deery said that Ciara´s physical injuries had not been significant and that they had healed quickly.

All settlements involving children under the age of 18 years have to be approved in court before payment can be paid, even when a settlement agreement has been previously reached by the claimant and the defendant. The type of court which hears the case will depend on the value of the compensation.

Claim for Tesco Worker Injury Compensation Resolved Without Court Action

Posted on: February 9th, 2011 by Injury Claims.

A former Tesco employee who made a claim for Tesco worker injury compensation has accepted an undisclosed settlement shortly before her claim was due to be heard in court.

Shona Foreman (35) from Alloa in Clackmannanshire made the claim for Tesco worker injury compensation after her hand was damaged during a delivery to the Duloch Park superstore in Fife.  As the delivery was being made, Shona had moved to one side to allow a colleague to wheel their cage through to the warehouse. Due to the limited amount of space available, Shona´s colleague´s cage caught her own, and Shona´s hand was trapped between the two.

Shona was taken to hospital by her manager, where she was diagnosed with nerve damage and a soft tissue injury. However, on her return o work the following week, Shona was assigned a checkout role – which involved lifting heavy articles of customer´s shopping – which exacerbated her injury. Despite working through the pain with the assistance of painkillers, Shona also received a warning about the amount of time she had taken off from work.

Shona quit her job and, after seeking legal advice, made an accident in Tesco claim on the basis that her initial injury was caused by unsafe working practices at the Duloch Park store and that the injury had been aggravated by Tesco´s breach in their duty of care. Tesco initially denied the allegations but, shortly before Shona´s Tesco worker injury compensation claim was due to be heard in court, Tesco admitted their liability and made an undisclosed offer of Tesco worker injury compensation which Shona accepted on advice from her solicitor.

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