Thursday 30 June 2011

Airlift for teenaged biker after accident

A TEENAGE motorcyclist was airlifted to hospital after being seriously injured in a crash in North Dorset.

The 18-year-old man was riding an Aprilia bike which was in collision with a Rover estate car on the A357 near Sturminster Newton.

Because of the nature of the injuries and the rural location, paramedics who attended the scene requested an airlift.

The Portland Coastguard helicopter was scrambled to take the injured rider to hospital.

Police said the collision happened outside the entrance to South Farm in Cooks Lane, north of Lydlinch, about 8.20pm on Monday.

The road was closed until the early hours while the scene was examined by police experts.

The motorcycle is registered to a an address in Gillingham while the car involved in the accident is registered to a Blandford area address.

Sergeant Paul James is appealing for witnesses and information.

Contact police on 01305 222222.

source: dorsetecho.co.uk

Dorset Personal Injury

Biker Kevin Madigan killed by force of crash

A Liverpool motorcyclist was killed by the force of a crash when he collided with a refuse lorry on the Isle of Man, an inquest has heard.

Kevin Madigan's Suzuki bike collided with the truck at about 1545 BST in Bemahague Road, Douglas, on 13 June.

The inquest has been adjourned because of ongoing investigations.

Manx Coroner Alistair Montgomerie concluded 40-year-old Mr Madigan's death was due to blunt force trauma because of a road traffic accident.

source: bbc.co.uk

Liverpool Personal Injury

Grandad claims leg was about to be cut off without his consent

A GRANDAD claims surgeons were about to amputate his leg – without permission.

Roy Clamp was in for a bone graft operation at Edinburgh Royal Infirmary but said he discovered at the last minute that medics were going to take his leg off.

NHS Lothian and Borders say the incident last week was “a misunderstanding” and say they would not amputate without his knowledge.

Speaking at his home in Ecclefechan, Mr Clamp, aged 50, told the Standard: “I had no idea what they were planning. As far as I was aware I was going for a five-hour bone graft operation from my hip to my femur and to have an alloy plate in my leg removed or replaced after almost a year of waiting.

“It was only when I asked the anaesthetist minutes before the operation for a run down on what they were doing that I learnt about the amputation plans. There had been no consultation about it with me.

“The operation was cancelled and I am left not knowing what is going to happen next. I have lodged an official complaint over my treatment so far.”

The father of six, a former self-employed woodcutter, shattered his right kneecap in 12 pieces after falling from a bridge on a fishing holiday in Oxfordshire a year ago yesterday.

He broke his femur which has a four-inch gap because of a water-borne infection which destroyed flesh and muscle.

He underwent eight operations at The Radcliffe Hospital in Oxfordshire as specialists saved his leg and won over the infection.

They took muscle from his calf to protect the femur and inserted an alloy plate through his leg and put in a “basket” containing antibiotics to fight any future infection.

“The specialists at the Radcliffe were fantastic. They rebuilt my knee and were confident that I was making a full recovery. I had just one operation left and that was for a bone graft and to have the alloy plate and basket removed,” he said.

“I was pretty homesick by then so they arranged for me to be transferred to the Glasgow Royal Infirmary for this last operation but not long after I got there I was sent home without the operation and told they would send for me within weeks.”

Mr Clamp claims that never happened and said he saw a succession of consultants at Dumfries Infirmary.

He said: “The first told me the reason why I had not had the operation in Glasgow was because I did not need the operation as the femur was okay and I should try standing and walking.

“I then got another appointment and the consultant told me that I’d been given misinformation and X-rays taken that day showed I still needed the operation. He told me not to stand on my leg or I’d damage the plate.”

Unluckily, Mr Clamp, who has spent 11 months on crutches, then suffered a fall which caused the metal plate and its screws to come loose.

He asked to go back to The Radcliffe Hospital but was sent to Edinburgh instead.

“I finally thought I’d get the operation I needed to get me back on my feet,” he said.

“The surgeon seems to think I have a bone infection but, although I stayed in the Edinburgh Royal Infirmary for two days after the operation was cancelled for a second opinion and biopsies, I was sent home without either.

“The surgeon has gone on holiday and I am just left here in pain, not knowing what is going to happen next. I have heard nothing since I got home.”

NHS Lothian has issued a statement saying: “There seems to have been a misunderstanding and we apologise for any concern.

“Mr Clamp was due to have a new metal plate fitted and have an infection checked.

“He was told amputation was one of several possible future options. This decision would not have been made without the patient’s consent.”

source: dgstandard.co.uk

Amputation Claims

Judge blocks families' Iraq compensation bid

A high court judge has blocked attempts by families of soldiers killed in Iraq to seek compensation from the government under human rights legislation.

But Mr Justice Owen allowed a negligence claim brought on behalf of one soldier's child to go ahead – a ruling lawyers hailed as a landmark.

Lawyers representing families said they aimed to appeal against the judgment on human rights claims.

Relatives said the Ministry of Defence failed to provide armoured vehicles or equipment which could have saved lives and should pay compensation.

MoD lawyers said decisions about battlefield equipment were for politicians and military commanders and asked the high court to stop compensation claims going forward.

The judge announced his ruling on Thursday after hearing arguments from all sides during a three-day hearing in London in May. Owen had heard that compensation claims had been made following an incident in which a British Challenger tank opened fire on another British Challenger tank after an officer became "disorientated" and incidents in which soldiers died after Snatch Land Rovers hit improvised bombs.

Corporal Stephen Allbutt, 35, of Sneyd Green, Stoke-on-Trent, Staffordshire, was killed by "friendly fire" in March 2003 after his Challenger 2 tank was hit by another Challenger 2 tank.

Private Phillip Hewett, 21, of Tamworth, Staffordshire, died in July 2005 after a Snatch Land Rover was blown up.

Similar explosions claimed the lives of Private Lee Ellis, 23, of Wythenshawe, Greater Manchester, in February 2006, and Lance Corporal Kirk Redpath, 22, of Romford, Essex, in August 2007.

source: guardian.co.uk

Personal Injury Compensation

Diver’s fin design may have led to shark bite

A diver bitten by a shark off KwaZulu Natal in South Africa may have attracted the creature by the shape and colour of his fins.
The diver was bitten at the popular Aliwal Shoal on Tuesday, while taking part in a baited shark dive during the seasonal sardine run.

Operator Blue Wilderness has confirmed that, following the bite by a “large dusky shark”, the diver was airlifted for treatment and was “in a stable condition following surgery at Albert Luthuli Hospital in Durban”.

The emergency assistance organisation Netcare 911 commended the operator, stating that “this young man owes his life to the well trained Blue Wilderness staff who managed to stop the blood flow so quickly”.

The shark was reported to have bitten at the diver's fins in what, said Blue Wildnerness, was “most likely a case of mistaken identity”.

The company surmised that the shark may have regarded the fins, which were of a split design with black and grey strips, as a “small shoal of fish”.

The company said that, after “over 23 years in the diving industry and 15 years in the shark diving industry, this has been the first time we have had an encounter such as this at Aliwal Shoal”.

It added: “Although there are more large dusky sharks around than usual at the moment due to the presence of sardines, there is no reason for them to have any more interest in us than they normally do, and this was really unfortunate.”

The injured diver had been diving with Blue Wilderness for about a month, as one of a group of interns who are “well-versed with the nature of these animals”.

“These guys are competent divers and are passionate about sharks,” said the company. “That’s why they travelled around the globe to join us during the sardine run.

“They have been making a valuable contribution to furthering our understanding of these sharks at the Aliwal Shoal Marine Protected Area.”

source: divernet.com

Diving Claims

Teenager challenges Prime Minister over legal aid cuts

A schoolboy whose family endured an eight-year struggle to prove that his cerebral palsy was caused by medical negligence yesterday took the campaign against cuts in legal aid to David Cameron's front door.


Andrew Green's parents relied on legal aid at every stage of their battle to demonstrate that his condition – shared by the Prime Minister's late son Ivan – was the result of mistakes during his birth.

They eventually won the marathon case, and used the compensation to move into a specially-adapted bungalow, pay for physiotherapy and speech therapy and computer equipment.

It has changed 14-year-old Andrew's life beyond recognition: he can now walk unaided, take part in sports, is taking his exams early and runs a business from his bedroom selling software.

He is also helping to lead a campaign, Sound Off For Justice, opposing the plans for widespread cuts in legal aid, including claims for clinical negligence. As MPs debated the Legal Aid, Sentencing and Punishment Bill yesterday, the cause took Andrew to Downing Street, where he handed in a letter of protest to the Prime Minister.

Andrew, from New Waltham, Lincs, told Mr Cameron: "I am not sure if you understand that removing legal aid will mean that families in our situation, in future, will have nowhere to turn to turn for help with legal costs.

"In my opinion, no one can pass such a sensitive Bill without previous experience of what it is like to be in the situations of people who need the legal aid you are going to remove."

His mother, Julie, a parish clerk, said: "We wouldn't have stood a chance without legal aid – the bills were hundreds of thousands of pounds and we did not know how long the case would last."

Kenneth Clarke, the Justice Secretary, argues that such disputes can be resolved by mediation or by lawyers taking on cases on a "no win, no fee" basis. But critics maintain that legal firms will be deterred by the practical problems in demonstrating negligence.

Opposition to the cuts was growing yesterday. David Bott, president of the Association of Personal Injury Lawyers, said: "Mr Clarke will leave many seriously-injured people unable to obtain the compensation they need to get their lives back on track."

Shami Chakrabarti, the director of Liberty, accused politicians of delivering a "slap in the face" to ordinary families, children and the disabled.

Mr Clarke said yesterday: "Our legal aid bill the most expensive in the world by far and we are funding litigation which is perfectly unnecessary in less serious matters where really taxpayers shouldn't pay."

But he offered a concession by announcing an extra £20m in funding to law centres, whose future is threatened by the cuts. They provide advice in less prosperous communities.

The Justice Secretary also gave further details of moves to clarify the law on self-defence. He said householders would have a "perfect defence" if they hit a burglar with a poker.

source: independent.co.uk

personal injury claims

Wednesday 29 June 2011

Could this be the end of the claims farmer?

If you’re as tired as I am of seeing the ‘ambulance chasing’ advertisements every night cluttering up the television, or listening to them on the radio then you will be pleased to discover what can be described as a ‘gathering storm’ against the continuation of paying referral fees for personal injury and medical negligence claims.

Providing a valuable service for the genuine victims of personal injury and medical negligence is to be applauded but it cannot be right that claims farmers continue to profit from injury or death.

In an article written for The Times, Former justice secretary and Lord Chancellor Jack Straw called for the banning of referral fees following the recommendations of Lord Justice Jackson. Mr Straw is angry at the high pressure tactics of legal firms providing personal injury services and said that “the garages, the recovery firms – even the police are selling on this information.”

Paul Nuttall, MEP for the North West has called for an inquiry into the alleged practice of hospitals leaking patient data to ‘no win no fee’ firms saying if true it was “an outrage”.

Speaking on behalf of the government Justice Minister Jonathan Djanogly said that the referral fee system gives people a ‘perverse incentive’ to make unjustified claims, and that the government will look at ways to improve procedures.

Simon Oates of gocompensate.com commented to say that there is already a credible alternative to referral fees, a model created by gocompensate.com

“We could see that referral fees were outdated, created stigma on what should be considered as a positive service and were no longer a viable option to maintain trust and credibility with the consumer.”

The gocompensate.com model was launched in January 2011 promoting accredited solicitors on a local basis thereby enabling potential claimants access to the very best solicitor in their region. The service campaigns to ‘keep claims local’.

The removal of referral fees will not reduce the number of accident victims, it may not even reduce the amount of claims but it will introduce trust, honesty and integrity to the services offered by genuine compensation service providers.

gocompensate.com has written to the government and to Jack Straw making them aware of the credible alternative to referral fees.

Hospitals leaking patient data to 'no win no fee' firms, claims MEP

Paul Nuttall, the UK Independence Party MP for the North West, has called for an inquiry into the alleged practice, saying if true it was "an outrage".

He made the claim after being contacted by members of the public upset at being "harassed" by such firms after receiving treatment at hospitals in Liverpool and The Wirral.

Both hospital trusts have denied the claims.

Mr Nuttall said: "I have been approached by constituents who are angry that have been bombarded with text messages to their mobile phones after hospital treatment.

"The only way the claims firms can have got the information that they had been a patient and also got their mobile phone numbers is from the hospital itself," he said.

"I don't know if that is being done with the connivance of the hospital trusts concerned - Wirral and the Royal Liverpool Hospital - or whether some staff are doing this off their own bat.

"But I want to know and this must be stopped. I know that hospital trusts everywhere are having to make budget cuts but if they are selling this highly private information to boost their coffers it is an outrage and must contravene the Data Protection Act."

He went on: "People are being harassed by these claim firms, who apparently sell or pass on the information to other similar firms when they get no response."

However, both the Royal Liverpool and Broadgreen University Hospitals NHS Trust and the Wirral University Teaching Hospital NHS Foundation Trust have denied any wrongdoing.

A spokesman for the Royal Liverpool said the allegations were "completely false".

She said: "We have not had any incidents where members of staff have sold patient information to claims firms. If we are made aware that any members of staff are not abiding by the Data Protection Act then they will be disciplined appropriately.

"If Mr Nuttall has been approached by patients who have concerns, then we urge those patients to contact us so that we can investigate this further."

A spokesman for Wirral hospitals said it could "categorically deny that is has supplied confidential patient information to accident claim firms".

Sending 'spam' text messages to phone users without the receivers' consent is illegal.

However, almost 12.75 million of them were sent to UK mobile phones last month. Almost one in three phone users got one.

Data on users - such as phone numbers of those who have been involved in accidents - are sold to claims firms by so-called "claims farmers".

The collection and selling of such information is a grey legal area, but the subject must have given their explicit consent for their details to be passed on.

source: telegraph.co.uk

The alternative to referral fees

Diabetes time-bomb: 300,000 under-50s at risk of amputations and kidney failure

Hundreds of thousands of younger people with diabetes are facing severe complications and could require 'substantial' hospital care in the future, according to an NHS report.

The world's biggest audit of diabetes found that youngsters and those in their 20s, 30s and 40s are at dangerously high risk of serious problems, including kidney failure and stroke.
Diabetics under 54 are less likely than those aged 55 to 69 to receive all the basic health checks needed to keep their condition under control, it found.
Another report from campaigning charity Diabetes UK estimates that 10 per cent of the NHS budget is spent treating the disease and its complications, which is equivalent to £1m an hour.
The latest audit found there are big variations in the types of treatments offered by hospitals and the prevalence of complications according to social group.

Some 2.5 million people in the UK are diagnosed with Type 2 diabetes, which is linked to obesity and unhealthy lifestyles, and up to a million more are thought to have the condition without knowing it.
A further 300,000 people have Type 1 diabetes, which usually develops in childhood, but both forms of diabetes are on the rise.

Today's audit said a "large cohort" of a whole generation of people with diabetes are expected to require substantial hospital care in the future.

Almost 300,000 children and under-54s with diabetes have blood sugar levels that are so high they are at high risk of complications.

Another 144,000 have dangerously high risk blood sugar levels while, across all age groups, 800,000 are at high or dangerously high risk.

Serious complications can occur when blood sugar is not kept under control, including limb amputation and blindness.

The National Diabetes Audit 2010 for England and Wales found 42 per cent of those aged 25 to 54 receive the nine basic health checks that should be given by NHS staff, including blood pressure, blood sugar, weight and foot care, compared with 54 per cent of those aged 55 and over.

source: dailymail.co.uk

Amputation Claims

Minister criticises referral fees on personal injury claims

Justice minister Jonathan Djanogly has criticised the payment of referral fees in personal injury litigation, but stopped short of saying the government will ban it.

In an interview on Radio 4's Today programme the minister said the referrals system gave people a "perverse incentive" to make unjustified claims. He said the government would be looking at several practices including referral fees, touting for business by text message, and garages selling lists of drivers involved in accidents, but added that these were the symptoms of a "rotten suing culture" rather than the cause.

Jack Straw has hit out at the practice of insurance companies selling the details of car accidents to personal injury lawyers, a business estimated to be worth £3bn a year and one which increases the price of every car insurance policy sold. The practice is also supported by the sale of legal expenses cover as an add-on to car insurance policies. Straw, who served as home, foreign, and justice secretary for a Labour government which lifted the ban on referrals, has described the practice as a "racket" which should be banned.

But Djanogly said banning referral fees would not help, and that those in the industry would simply find another way to make money.

He added that frivolous claims were encouraged by the fact that claimants need not spend a penny on litigation, even if they lose their case. The government intends to tackle this problem by transferring the cost of litigation to the claimant rather than the defendant, "so claims lawyers will be more concerned about taking on cases, and claimants will have an interest in what they are paying their lawyer".

The justice minister added that the government was considering recommendations from the Legal Services Board (LSB) on the regulation of referral fees. The LSB, an independent body overseeing the regulation of lawyers in England and Wales, has spent 18 months reviewing the regulation of referrals, and in May announced it had decided that the impact of referral fees and any abuses related to them should be managed by "strengthening transparency obligations, rather than seeking a simple ban on the arrangements".

LSB chief executive Chris Kenny said: "Our review found insufficient evidence of consumer detriment to justify a general ban, but we are clear that there needs to be a step-change in transparency and enforcement to improve competition and guard against abuse. We'll monitor the front-line regulators' performance on this.

"Of course, if firms are willing to pay substantial referral fees to get hold of cases to litigate, the government may wish to review the appropriate fee level for such litigation."

It defended the payment of referral fees in personal injury litigation, saying they allow consumers greater access to legal services.

But Russell Wallman, director of government relations for the Law Society, refutes this: "I think that argument is nonsense. There was a time 15-20 years ago when solicitors were unapproachable. That's no longer the case – almost all solicitors will offer no win, no fee arrangements, so people can go straight to a firm in their area knowing that they will not end up with a bill they can't afford."

Although the Law Society was responsible for lifting the ban on referral fees in 2004 when it was acting as a regulator, the professional body now believes a ban should be imposed on all forms of referral fees across all the regulated legal professions.

Law Society president Linda Lee said: "Referral fees hinder access to justice, contribute to rising costs in the justice system, and go against the interests of the consumer.

"We have always argued for a total ban on referral fees. Jack Straw believes they should be banned, Lord Justice Jackson in his recent report on costs believes they should be banned, and now even the insurance industry agrees they should be banned. The government needs to wake up and take immediate action."

Simon Oates from gocompensate.com has written to both Jack Straw and the Ministry of Justice highlighting the service provided by firms throughout the UK on the gocompensate.com panel which creates an ethical and credible alternative to claims farming.

In his letter he comments how gocompensate.com is working to put potential claimants in touch with regional expertise to help meet the model ethos to 'keep claims local'.

source: guardian.co.uk (adapted to include gocompensate.com quote)

The alternative to referral fees

Two women hurt in Seend fork crash

Two women drivers were taken to hospital after a crash near the accident black spot of Seend Fork, near Devizes, yesterday afternoon.

The collision took place at Martinslade on the A365 between Devizes and Melksham, 300 metres north of Seend Fork, at 5.15pm.

A silver Renault Scenic headed towards Devizes hit a silver Ford Focus coming in the opposite direction. The Scenic hit a wall.

The 63-year-old woman driver of the Scenic was taken to hospital with a fractured arm and dislocated knee and the 38-year-old woman driver of the Focus had neck and back injuries.

None of the injuries were thought to be life threatening. The road was closed for three hours.

Wiltshire police are appealing for witnesses to the crash and anyone with information is asked to contact PC Mark Cargill at the northern roads policing unit on 0845 408 7000 or Crimestoppers on 0800 555 111.

source: thisiswiltshire

Wiltshire Personal Injury

Axa turns its back on referral fees

Axa has made the decision to no longer accept referral fees from personal injury lawyers and has called for whiplash injury reform to eliminate fraud within the industry.

The move has come in response to the former Secretary of State for Justice, Jack Straw's call for referral fees to be banned in an article published in The Times.

The insurer said it had never sold customer details to personal injury lawyers or accident management companies, and with immediate effect would no longer accept fees from personal injury lawyers when it put its customers in contact with them to pursue valid claims.

Axa has estimated that around half of the recent increases in motor insurance premiums are related to the rise in bodily injury claims.

According to the insurer, what was ultimately needed was a fundamental evaluation of whiplash and other minor trauma claims to eliminate fraud and bring some sense back to the cost of these claims.

Unfair and unsustainable
Paul Evans, Group CEO, Axa UK, said: "As one of the leading insurance providers, we have decided that the only way to address the problem adequately is to lead by example.

"Over the last few years we have seen an exponential rise in personal injury claims - especially soft tissue injuries - whilst evidence suggests road accidents are decreasing. We have also seen a significant rise in claims made some years after the event which are therefore impossible to prove or to defend.

"It is unfair and unsustainable that drivers are being disadvantaged by exaggerated injury claims which drive up the cost of insurance. Referral fees have only served to promote an even greater number of injury claims and Axa will stop this practice whilst government implements the necessary legislation to restore order.

"I believe this move will be a positive first step in making the system more equitable and, ultimately, benefit customers through more affordable motor premiums."

source: insuranceage.co.uk

The ethical alternative to referral fees

Tuesday 28 June 2011

Council worker compensated for hearing damage caused by driving

Thompsons Solicitors

Car maker pays compensation after fight with Unite

Thompsons Solicitors

Hospital pays compensation to mum who had healthy fallopian tube removed

Thompsons Solicitors

£575,000 for Girl Left With Disability After Birth

Withy King Solicitors

Bilsby tree crash driver named

An 89-year-old man who died when the car he was driving hit a tree on a Lincolnshire road has been named by police.

Officers were called to Back Lane at Bilsby at about 1015 BST on 20 June to reports of a Skoda which had left the road.

The driver, Henry Snell, of Mablethorpe, died the following day at Boston's Pilgrim Hospital.

Lincolnshire Police has appealed for any witnesses to contact them.

The other occupant in the car was hurt in the crash but their injuries were not thought to be life-threatening, police said.

Source: bbc.co.uk

Personal Injury Lincolnshire

Monday 27 June 2011

North Coates light aircraft crash injured pilot

A pilot has suffered a serious head injury and several fractures following a light aircraft crash in Lincolnshire.

Police were called to North Coates Airfield near Grimsby on Sunday afternoon following reports of the incident.

The male pilot, 53, was taken to a Grimsby hospital and is "stable".

Police said it is believed the aircraft experienced a loss of power when landing. The Air Accident Investigation Bureau is investigating.

source: bbc.co.uk

Passenger Claims

Edwinstowe Accident

B6034 Nottinghamshire - B6034 High Street in Edwinstowe partially blocked in both directions at the Mill Lane junction, because of an accident involving two vehicles.

Nottinghamshire Personal Injury

Drinks fridge fault caused Chesterfield Royal blaze

A fire which closed the emergency department of a Derbyshire hospital was caused by a fault in a drinks' fridge, fire investigators have said.

The blaze broke out on Saturday night in a newsagents in the main entrance to Chesterfield Royal Hospital.

Staff immediately closed the Accident and Emergency (A&E) department and patients were taken to hospitals in Sheffield, Nottinghamshire and Derby.

A&E has now reopened but staff warned of ongoing disruption.

Hospital spokeswoman Sarah Turner-Saint urged people to consider options other than A&E for non life-threatening conditions and minor injuries such as NHS walk-in centres and out-of-hours GP services.

"We are facing long-term disruption particularly in the main entrance, where thousands of patients book in for their appointments each day," said Eric Morton, the hospital's chief executive.

"Although we will try to ensure services run as smoothly as possible, we realise there will be some inconvenience."

From 27 June, patients attending the orthopaedic and fracture clinic will be seen on Staveley Ward and some main entrance services will move to the Scarsdale Wing entrance.

Ten fire engines were sent to the scene and it took about 60 firefighters until after midnight to put out the blaze.

The A&E reception area and fracture clinic have suffered considerable smoke and fire damage as the flames had spread through a roof space.

source: bbc.co.uk

Injured dad angry at benefit blow

A former forklift truck driver who is in “constant pain” and awaiting a leg amputation has been left shocked by the decision to refuse him what he described as a “vital” benefit.

Darren Gilligan, 35, a single dad to 11-year-old twin girls, suffered complications after breaking his ankle at work in 2003. He believes his condition has deteriorated over recent years and says he does not understand why he cannot now get Employment and Support Allowance – he had previously been receiving the now-defunct Incapacity Benefit.

Mr Gilligan, of Baildon, has been informed by a letter from Job Centre Plus that he did not score enough points on a medical assessment which determined whether he would continue to receive the allowance.

He said: “I’m in limbo. I’m in shock, it doesn’t seem fair when I’ve got doctors backing me up.

“It is constant pain. Some days I have quite good days but other days I suffer big time and I can’t do anything.

“My children know when I’m bad and they’ll make a fuss around me – they are so good for that.

“The thing that hurts the most now is I can’t do anything with them.”

Mr Gilligan, who said when he fully recovers he is “determined” to return to work, is appealing against the refusal of the benefit.

His GP practice has issued him with a sick note on the basis he is awaiting an amputation and his doctor has written a letter in support of the appeal.

It reads: “He has chronic pain in his ankle following an injury and operation in 2003. The diagnosis is complex regional pain syndrome (also known as reflex sympathetic dystrophy or algoneurodystrophy.) “Mr Gilligan’s symptoms are severe and prevent him from working.”

A spokesman for the Department of Work and Pensions said: “The Work Capability Assessment has been developed to look at what a person can do, as well as what they cannot.

“Everyone who is found able to work will get the support they need to get a job.

“Anyone who disagrees with a decision on a claim has the right to appeal.”

source: thetelegrapghandargus.co.uk

Amputation Claims

Thursday 23 June 2011

The Legal 'Profession' - where did it all go wrong?

The legal services market is entering a turbulent period in October 2011 with the relaxation of ownership of law firms permitting external investment opportunities. Some firms have embraced this, some have buried their heads in the sand and some not knowing what to do have signed up to a common identity considering that being part of something bigger will provide long-term stability.

Through the years, solicitors have allowed external providers to enter the legal services market and instead of protecting the 'profession' have in fact funded the growth of the competitor by paying for referred business and then in recent years deciding to rebrand and advertise their services mimicking the external business referrers, including the adoption of cartoon style characters to represent the ‘profession’.

In 1991 solicitors were permitted to advertise their services for the first time going beyond erecting a brass plaque at the door of their offices - starting with an advert in the phonebook, a mention in the yellow pages and perhaps the odd 'awareness' advertisement in the local press, we now see full page advertisements of solicitors alongside claims management companies, and yet today it is difficult to tell the difference between some solicitor adverts and that of a claims management company.

If the 'profession' does nothing it will become a long distant memory and the new entrants to the market will provide the only form of access to legal services. It will be cheap, it will be fast and it will be faceless.

Recent surveys indicate that the public is more likely to use a brand they know and trust for their legal service requirements rather than use a solicitor because of the jargon, the unknown cost factor and the impression that solicitors aren't as approachable as the brands they know. Interesting concept as the face they put to the alternative brands is the pleasant checkout girl in their local tesco!

Solicitors need to reinsert the word 'profession' in the service thereby creating a two tier legal system giving the consumer a choice between the cheap, fast and faceless service supplied by the new kids on the block or a professional service reserved for the consumer that requires a quality service, and who is prepared to pay more than s/he could have done at the checkout tills.

To regain 'profession' to the service offered by solicitors we should recognise the mistakes made along the way, work with the new kids (because now they're here, they're here to stay) but recognise the fact that they provide a different and inferior service.

Stand proud once again and recognise that you are a 'Solicitor' - a purveyor of fine quality legal services and resist the temptation to lose your professional identity.

Simon Oates is a director of Oates Consult Limited, a specialist business development and marketing consultancy for law firms and can be contacted on 0845 3 299 585 or via simon@oatesconsult.com. He can help firms to create a professional marketing brand through to developing new business, applying a collaborative approach to professionally marketing legal services.

Marketing for Law Firms

Bounds Green man facing jail after mowing down jogger in BMW

A BOUNDS Green man has been convicted of knocking down and killing a jogger last year.

Aryelis Angelis, 26, was found guilty of causing the death of Elizabeth Beach-MacGeagh by careless driving after knocking her down in East Barnet on June 16.

Wood Green Crown Court heard Angelis had ignored slow signs at the junction of Netherlands Road and Temple Avenue and mowed down the 20-year-old – known as Lizzie – outside Oakleigh Park Railway.

A shard of plastic was found at the scene linking the crash to Angelis, of Tewkesbury Terrace, and following public appeals he handed himself in to police.

He was found guilty yesterday by a jury, which was unable to reach a verdict on a second charge of perverting the course of justice.

Detective Sergeant Cheryl Frost, who led the investigation, said following the verdict: “By working with the media and the public, we were able to ensure that Angelis was identified, the evidence was available to put before the courts and Angelis has been held to account.

"I would like to thank everyone who has assisted this investigation and Lizzie's family who have supported the police throughout."

Ms Beach-MacGeagh, a student of history at Bristol University, had only been in London a few days when she was killed and was staying with friends.

Following her death, friends and family made an emotional visit to the scene to appeal for help finding the driver of the car responsible.

Angelis is due to be sentenced on Monday, June 27, when two further charges of failing to stop after an accident and failing to report an accident are expected to be considered by the judge.

source: haringeyindependent.co.uk

London Claims

Man was exposed to asbestos

A FORMER Peterborough postman died after coming into contact with asbestos – but it is not known how it happened.


Cecil Palmer, of Oxclose, Bretton, Peterborough, died on February 9 after being diagnosed with malignant mesothelioma – a cancer typically caused by contact with asbestos – in December.

However, an inquest into the 78-year-old’s death at the Town Hall, in Bridge Street, Peterborough, yesterday could not determine where he came into contact with the material during his life.

Peterborough Coroner’s Court heard evidence from his son, Russell Palmer who said his father left school in 1947 and began an apprenticeship in shoe repairs in London.

Mr Palmer worked for a number of firms, before moving to Peterborough in 1975. He began working as a postman and then in a sorting office, before retiring in 1997.

Russell Palmer said: “I had a couple of conversations with him but he couldn’t remember where he came into contact with asbestos.”

Dr Pawal Wawruch, who completed the post-mortem, said the cause of death for Mr Palmer was malignant mesothelioma with heart disease a contributing factor.

Coroner Gordon Ryall recorded a verdict of death by industrial disease. He said: “I’m satisfied he was exposed to asbestos at some time.”

source: peterboroughtoday.co.uk

Asbestos Claims

Two doctors misdiagnosed pensioner's chronic stomach pain

TWO doctors saw an 80-year-old woman before her death but dismissed her chronic stomach pain as a tummy bug or wind, an inquest heard.

In fact Eva Bailey was suffering from a perforated gastric ulcer, which led to peritonitis, an inflammation of the stomach lining, and sepsis, a blood infection which proved fatal.

Mrs Bailey, of Oxhey Crescent, Biddulph, started suffering from constipation and lost her appetite more than a week before her death.

But an inquest at North Staffordshire Coroner's Court in Hartshill heard that she continued taking her normal medication, which included a dose of aspirin, which is likely to have caused the perforated ulcer.

The retired florist was advised by doctors to take laxatives. And when a GP visited her home on January 31, she diagnosed gastroenteritis.

When Mrs Bailey was still in agony the next day another GP came to see her and said her pain was probably caused by wind. But at 4am on February 2 the pain was so bad her family called an ambulance to take her to the University Hospital of North Staffordshire. She died at 4.45pm that day.

Her son David Bailey, of Thatcher Grove, Biddulph, said: "I am disappointed two GPs made the same mistake. She thought she had gone into hospital to have a wind issue dealt with, not to die."

Coroner Ian Smith said the doctors had made an innocent mistake based on Mrs Bailey's symptoms. He said: "I think we expect doctors to be all seeing and all knowing. You treat the most common thing first."

But he said he would write to the two doctors to let them know the family's feelings about the misdiagnosis.

He warned people not to take aspirin if they had lost their appetite as the drug erodes the stomach lining.

He recorded a verdict of death from a recognised complication of aspirin drug therapy.

source: thisisstaffordshire.co.uk

Misdiagnosis Claims

Wife's choking death is ruled an accident

THE death of a woman who choked at a mental health hospital after she swallowed toilet roll was an accident, an inquest has ruled.

Janet Hammond, 49, died at Elizabeth Casson House in Blackberry Hill Hospital, Fishponds, on December 12, 2007.

The three-day inquest found no evidence to support the suggestion that Mrs Hammond had taken her own life, and assistant deputy coroner Gail Elliman told the jury they could not consider a verdict of suicide.

Mrs Hammond's husband Andrew had accused the hospital's staff of leaving her on her own for up to 35 minutes on the night she died while staff dealt with another incident.

But the jury heard from senior managers on the ward that there was no such incident, and that Mrs Hammond was carefully observed by staff every 10 minutes.

A post-mortem examination discovered that Mrs Hammond, from Weston- super-Mare, had potentially toxic levels of an anti-depressant in her blood, which could have suggested an overdose.

But hospital staff said it was "virtually impossible" for her to get hold of extra drugs, and a toxicologist said the high levels could be explained by the drug diffusing into her blood after her death, and from her being on a high dosage for four months.

Flax Bourton Coroner's Court heard that Mrs Hammond had been a healthy woman, but fell ill in June 2006.

She was admitted to Blackberry Hill the following January, and after that repeatedly harmed herself and made apparent suicide attempts.

But medical experts said she wasn't trying to kill herself, and instead was trying to communicate her frustrations.

The court also heard that Mr Hammond had begun proceedings to divorce his wife but promised to stay with her until she got better, and her self-harming both in and out of the hospital were attempts to sabotage his leaving her.

After the inquest, Mr Hammond said: "The verdict, the system and the hospital have let her down. It is not about suing them, it is about getting justice for Janet."

But her son, Leigh Hammond, who has not spoken with his father since his mother's death, said it was a fair verdict.

He said: "She was a wonderful mother, very caring and loving, and would go out of her way for anybody.

"It has taken three and a half years to get here, and it is closure on the matter so we can put it behind us and remember the good times."

Simon Gerard, of Avon and Wiltshire Mental Health Partnership NHS Trust, said: "Our thoughts are with the family and friends of Janet Hammond. As the court heard, the jury made no criticism of the care afforded to Mrs Hammond."

source: thisisbristol.co.uk

Wiltshire Claims

Wednesday 22 June 2011

Child hurt in Dorchester drain accident

A DISTRAUGHT mother fell down an open drain while holding her baby daughter.

Kerry Hawthorne was submerged almost to her waist as she struggled to protect 11-month-old Rihanna from the fall.

But the baby’s head struck the pavement as Miss Hawthorne landed on top of her, near to the family’s Dorchester home.

She frantically called an ambulance as Rihanna’s eyes went heavy and a lump appeared on the back of her head.

Miss Hawthorne, 32, said: “I told them what happened and they came straight away.

“The paramedics checked her over thoroughly and said she was ok.”

The incident happened when Miss Hawthorne was showing friend Kelly Golding her new car in a parking area behind her Magna Housing Association home in Eddison Avenue.

Miss Hawthorne, who is also mum to Lexi, two, Liberty, four, Courtney, nine, and Jordan, 12, did not see the hole because it was covered with leaves.

Miss Hawthorne said: “I didn’t know what was going on but my main priority was Rihanna.

“It was slow motion and I vaguely remember trying to keep her head off the floor.

“I literally crawled out of it and I was just covered in mud, but I was more worried about Rihanna. She went all heavy eyed. Realistically I could have killed her.

“Lexi was walking around too so it was lucky she didn’t go down.”

The mother-of-five, who lives with partner Matthew Wason, suffered dizziness and the following day had painful joints.

Friend Mrs Golding, 32, said: “She fell forward with the baby in her arms and she was literally on top of her.

“I grabbed Rihanna, who was screaming. There could have been needles or glass or anything down there.”

Rihanna’s grandmother Susan Hume, of Tillycombe Road, Portland, was left furious.

She said: “It should be covered up so no one else goes down it, not just for Kerry’s sake but any other person who goes up there.”

Miss Hawthorne said workers from Dorset County Council checked the area after Ms Hume complained.

She said: “The council came the next day and just put a cone over it because they didn’t know who owned it.

“A county council spokesman said: “We put a cone over it to make it safe, really just exercising a duty of care.

“We didn’t know if it was public highway or privately owned until we got there, but it doesn’t belong to us.”

The area is the responsibility of Magna Housing Association.

Head of building services Trea Murphy said: “We were very sorry to hear about what happened to Ms Hawthorne.

“We weren’t aware that this road gully was uncovered until it was reported to us.

“As soon as we knew, we went to Eddison Avenue to check it out and make it safe with a temporary cover.”

Miss Hawthorne added that Magna had now given her a bunch of flowers and she wanted to thank them.

source: dorsetecho.co.uk

Personal Injury Claims

‘We’re so grateful for all the support’

THE mother of a three-year-old boy who has successfully undergone a pioneering operation in America has thanked Observer readers for their messages of support.

Taliesin Campbell, who has cerebral palsy, could potentially walk unaided after the three-hour procedure in St Louis Children’s Hospital, Missouri.

The Miskin youngster, known as Tal, has needed a support frame to get about.

He was only able to make the trip after his parents Claire and Jon, along with their family and friends, frantically raised funds for six months in the hope of reaching the £40,000 target needed for the operation.

After reaching their goal last month, Tal, his parents, paternal grandparents and younger brother Gethin, flew out to the Saint Louis Children’s Hospital just over a week ago for the procedure, known as a Selective Dorsal Rhizotomy (SDR).

Under the care of Dr Park, Tal underwent his operation last Tuesday. Before Christmas, Dr Park had treated another South Wales child, Evan Hansen, who is now making good progress.

In an email from America, Tal’s mum Claire said: “Tal’s been transferred to intensive care. His pain is under control and he remains asleep and in intensive care for 24 hours.

“We would like to say a big thank-you to all the readers who supported Tal. We have really been overwhelmed by all the cards and messages of support. We are compiling a scrapbook of all these cards and letters so that when he is older, he can understand how many people cared and wanted to help him.”

Tal has been having regular physiotherapy at Bobath Children’s Therapy Centre in Whitchurch, Cardiff. But now his parents hope the operation will help him walk unaided.

SDR surgery involves testing the nerves along the spine and cutting the ones that are causing spasticity in the muscles.

Claire and Jon named their appeal the Taliesin Campbell Good Feet Fund after their son described the frustration of coping with legs that might be “good” and “naughty” on any particular day. They set up a website detailing Tal’s condition and what they hoped to achieve, as well as a Facebook page where they have received messages of support.

After the operation, Jon wrote on the talsgoodfeet.org website: “Writing this from the paediatric intensive care (PICU) ward where Tal is recovering well.

“Tal was taken to theatre a little after 7am and we were given hourly updates on his progress. If we left our private room for a quick leg-stretch, we were given our own pager so we could be easily found if we missed an update.

“A little after 10am, I was shocked when Dr Park himself came into our room to let us know the operation had gone very well and he was very happy. Then 30 minutes later, we were allowed into recovery to escort Tal up to the PICU.

“He’s mostly been sleeping due to a lovely cocktail of Fentanyl and Valium. When he wakes he’s grumpy and in pain, but brave and tough enough to enjoy a few episodes of Fireman Sam and a couple of runs of Disney Cars.

“So likely gonna be a rough night but he’ll improve over the next few days. Thanks to everyone for their support through the website, Twitter and Facebook. It’s meant a lot.”

The grateful family have updated the website almost daily with Tal’s progress, and just yesterday it was clear to see just how far he’s come.

Jon wrote: “Getting into our routine now. Tal has physio most days at 11am at the hospital.

“Gethin has been having a fantastic time with Grandma and Grandad but is clearly missing his mum and dad so we decided to mix things up a bit. Today Mum and Grandma took Tal to his physio session whilst Grandad and Dad took Gethin to the local park.

“I hear Tal was as fantastic as always, putting his all into everything – up on his walking frame today and had a little go on a bike.

“This afternoon the plan was for a trip to the zoo or the mall but Tal decided he wanted to stay home with Daddy and do more exercises.

“He is amazingly determined and was busy up on his feet for about two hours.”

Tal now faces ongoing physiotherapy while out in the US, which will continue when he is back home next month.

source: walesonline.co.uk

Cerebral Palsy Claims

Legal aid changes being pursued

The government is pressing ahead with plans to cut £290m from the more than £2bn annual legal aid bill, despite lawyers' and campaigners' opposition.

Ministers say legal aid will end for most family cases, clinical negligence and employment law in England and Wales, but remain for criminal cases.

Currently anyone with disposable assets of less than £8,000 can qualify for aid but that could be lowered to £1,000.

Critics say the package of measures will be a disaster for the public.

Under the plans, some 600,000 cases of legal aid in England and Wales will no longer be funded if the full package goes through Parliament.

Legal aid will no longer be available in the following areas of civil law:

Private family law, such as divorce and custody battles
Clinical negligence claims
Employment and education law
Immigration, other than where someone is detained
Some debt, housing and benefit issues
The government says that domestic violence cases will still receive legal aid and it intends to expand the definition to include mental and sexual abuse.

Justic Secretary Ken Clarke told MPs on Tuesday: "Our current system of legal aid too often encourages people to bring their problems before the courts, even when they are not the right place to provide good solutions and sometimes for litigation that people paying out of their own pocket would not have pursued.

"Legal aid has expanded into areas far beyond its original scope. It is now among the most expensive systems in the world. In the current fiscal climate, this is simply unsustainable."

But Linda Lee, president of the Law Society, said the proposals would be a "disaster for the public" because they would prevent people turning to the justice system.

"The government has failed to consider alternatives which would make bigger savings without removing civil legal aid from some of the most vulnerable people in society," she said.

And Stephen Cobb QC, chairman of the Family Law Bar Association, said: "The threats posed by the government's proposals are real and potentially brutal."

No-win no-fee

The legislation also includes measures already announced to change the system of no-win no-fee cases.

The changes will mean that anyone suing, such as in a clinical negligence case, will have to find a solicitor to take their case on a no-win no-fee basis.

If they win, their solicitor will be entitled to charge a success fee of up to 25% of the damages. At present, that success fee is recoverable from the losing defendant.

The government received more than 5,000 submissions to its consultation on cutting legal aid - many of them from charities and legal groups.

Gillian Guy, of Citizen's Advice, predicted that those in greatest need would suffer.

"Civil legal aid keeps people in their homes, in their jobs and out of debt. These cuts will leave hundreds of thousands with nowhere to turn for help. Serious cases of family breakdown, unfair dismissal and refusal of benefits will simply get worse.

"At a time of economic uncertainty and big changes in work, welfare and public services, people need advice more than ever. The government has to make sure advice is there for those most in need of help.

"There cannot be justice for all without a workable civil legal aid system."

source: bbc.co.uk

Medical Negligence

Tuesday 21 June 2011

Bar Council: Access to Justice will be Systematically Deprived by Legal Aid Proposals

Tributes to teenager who died after police car chase

A teenage passenger died in a crash following a police car chase early yesterday morning.

The incident happened just after 1am in Melbourn Street, Royston, closing the road and the junction with the A10.

Three teenage boys have been arrested and an investigation has been launched by the Independent Police Complaints Commission (IPCC).

Tributes to the victim, named locally as James Clennell, were posted on Twitter telling him to “sleep tight”. A Facebook tribute page set up yesterday attracted hundreds of people to sign up and leave messages within hours.

James, understood to be 16 and a student at Freman College in Buntingford, is believed to have been a passenger in the car.

Chloe Camper, James’ ex-girlfriend, said: “He is going to be really missed.

“He always had a smile on his face and nothing seemed to bother him.”

The 17-year-old, of Vicarage Road, Buntingford, said his three sisters were “devastated”.

The Cambridge Regional College pupil, who is studying sport, added: “He was such a good brother. He was the one who protected them.”

Katie Edwards, 20, said all his friends were “in shock.”

The Buntingford resident, who was a few years above James at Freman College, said: “He was a very good friend.

“Nothing can be said. It was a waste of life, so sad. He was friends with everyone. We are all in shock.”

The crash left a traffic light uprooted, a stone wall knocked over and a parked delivery van written off.

A spokesman said Hertfordshire police contacted the IPCC after the fatal collision.

He said: “The incident, in which one person died and another man was injured, happened after the car came to the attention of a marked police car on patrol.

“At this early stage it is understood that at around 1am officers signalled for the car to pull over, which it did not do, and that a short time later the car overturned on Melbourn Street.

“The IPCC deployed investigators to begin collecting evidence and following an assessment it has been decided that an independent investigation will be conducted.”

Celal Yukselen, the manager of USA Chicken and Pizza, told the News his red Nissan Almera, which was parked outside the business, was missing when he arrived at 10am yesterday morning.

A spokesman for the IPCC confirmed the parked vehicle had been hit during the accident and removed by police.

Mr Yukselen, 46, from London, is now waiting to hear back from police about his vehicle as well as the stone wall belonging to the shop which was destroyed.

Hertfordshire Fire and Rescue Service said two vehicles were involved in the crash. Two fire crews from Royston attended the scene, carrying 10 firefighters.

A spokesman from the East of England Ambulance Service Trust said ambulance crews from Letchworth, Royston and Stevenage attended the scene.

He said two people who were injured were taken to Addenbrooke’s in Cambridge and the Lister Hospital in Stevenage.

Last night a Hertfordshire police spokeswoman said three people had been arrested.

She added: “These are a 17-year-old boy Buntingford arrested on suspicion of death by dangerous driving, failing to stop at the scene of a collision, drink-driving and possession of an offensive weapon, a 17-year-old boy from Hertford arrested on suspicion of death by dangerous driving, and an 18-year-old boy from Buntingford arrested on suspicion of death by dangerous driving.

“All three remain in police custody at this time.”

The IPCC spokesman said the teenager who died had not been driving.

source: cambridge-news.co.uk

Passenger Claims

St Helens motorbike man killed in crash

A MOTORBIKE rider was killed in a crash in Merseyside.

The 25-year-old man was riding pillion on a red Kawasaki motorbike when it crashed with a Renault Scenic on Sunday night in St Helens.

The victim from St Helens was killed in the City Road accident at 9.30pm. The 32-year-old motorbike driver was seriously injured.

He is now being treated for back and internal injuries and is described in a serious but stable condition.

The 34-year-old driver of the red Renault, from Thatto Heath, was not injured but treated by paramedics at the scene for shock.

A large section of City Road and North Road was cordoned off in the aftermath of the collision to allow investigators to examine the scene.

Anyone who witnessed the crash are asked to call Merseyside road police on 0151 777 5771

source: liverpoolecho.co.uk

Liverpool Claims

Merseyside Claims

Man suffers serious head injury after being hit by falling traffic light

A MAN has been left with serious head injuries after being hit by a traffic light following a collision in Colchester.

It is thought a white truck may have shed its load on the Colne Causeway bridge over the Hythe at 8.05am.

The traffic light then hit the pedestrian, who is in his 40s, on the head.

The road has been cordoned off by police. Drivers wishing to access the Whitehall Industrial Estate are advised to use Mersea Road.

source: gazette-news.co.uk

Head Injury Claims

Kiln worker used asbestos while employed at pot bank

A FORMER kiln worker died of asbestos-related cancer after being employed at a pottery firm for 37 years.

George Harrison, aged 87, from Old Wharf Place, Hanley, worked for Johnson's Pottery between 1950 and 1987. He started to have chest problems in January this year and complained of soreness.

When the pain was still present in February, his daughters persuaded him to go to the doctor and he was diagnosed with mesothelioma on March 29.

His daughter Christine Harriman, who lives in Cambridgeshire, said: "He told the doctor he had used asbestos rope in the kilns and kept it in a storeroom where it was cut.

"That was the first we had heard of it. They also used to put asbestos suits on when the kiln crashed."

She described her father as an independent man who did not complain often. Once he was diagnosed he declined rapidly and did not eat or drink properly.

He was cared for in a nursing home for a couple of weeks before being admitted to the University Hospital of North Staffordshire on May 12 with a chest infection.

He died three days later on May 15.

At an inquest into the death, North Staffordshire Coroner Ian Smith recorded a verdict of death caused by industrial disease.

He said: "The tumour is like a sheet over the lung, there is no cure."

source: thisisstaffordshire.co.uk

Asbestos Claims

Plaistow farm workshop destroyed by fire

A farm workshop containing propane cylinders and asbestos in West Sussex has been destroyed by fire.

Three fire crews from West Sussex and Surrey were called to Hogwood Farm in Plaistow, near Billingshurst, at 0430 BST.

Assistant Divisional Commander Steve Clack, said: "The burning materials from the building included some asbestos cement sheeting."

Two propane cylinders were removed from the single storey building.

The fire was extinguished just after 0800 BST.

West Sussex Fire and Rescue Service said the cause was accidental.

source: bbc.co.uk

Asbestos Claims

Monday 20 June 2011

Helicopter pilot airlifted to hospital with head injury

A pilot has been taken to hospital with serious head injuries after a helicopter crashed in a field.

Avon and Somerset police said they had responded to an incident in which a helicopter crashed near Glastonbury yesterday afternoon. The police received a report at about 2.20pm of a small helicopter crashing in south-east Glastonbury.

The helicopter came down in an open area and no one on the ground had been injured, the police said. The pilot, who was the only person on board, has been airlifted to Frenchay hospital in Bristol with a serious head injury.

Police said the scene had been cordoned off and the air accident investigation branch was sending an investigation team to the scene.

source: guardian.co.uk

Somerset Claims

Forge worker crushed by red hot two tonne pole receives compensation

Thompsons Solicitors

Family welcomes law aimed at uninsured drivers

Thompsons Solicitors

Time is running out to apply for plaques compensation

Thompsons Solicitors

Cerebral palsy families call for better NHS treatment

A group of parents of children with cerebral palsy has started a campaign for better support from the NHS.

Their children have gone to the US for micro-neurosurgery, called selective dorsal rhizotomy (SDR), to help them walk.

The group, Support4SDR, said it now wanted the procedure available in the UK to all who need it.

The Department of Health said doctors could consider offering the treatment as long as results were monitored.

Dorset mother Kim Wakefield, chair of the group, said more help was also needed with physiotherapy.

Frenchay Hospital in Bristol has recently pioneered the same form of SDR, an operation which involves identifying, dividing and cutting spinal nerves which have been causing stiffness and pain in the legs.

Awaiting operations

Members of Support4SDR are setting up a charity, have started an online petition and are contacting MPs.

Mrs Wakefield, of Corfe Mullen, said their main goal was to make the new, less invasive form of SDR more accessible in the UK.

She said parents had been "left in the dark" by the medical profession about the availability in the US of the refined method of SDR as a treatment option.

Her five-year-old daughter Charlotte is among 77 children from the UK who have undergone the procedure refined by surgeon Dr T S Park at the St Louis Hospital in Missouri.

Another 20 are booked in there between now and the end of August and more are awaiting dates for operations.

Each has been helped by family, friends and their local communities to raise the £40,000 needed for the operation, aftercare, travel and accommodation expenses.

At Frenchay Hospital the operations are being funded by individual NHS primary care trusts on a case-by-case basis.

Three SDR procedures have been performed so far by consultant neurosurgeon Kristian Aquilina.

'Treatment risks'

Mrs Wakefield said the group was delighted with this development and would be offering support and information to families whether they were having SDR in the UK or in the US.

She said it was "vital" that the NHS put more resources to help all the families with the intensive physiotherapy which was essential after the operation to ensure its success.

She said: "The differences I have seen in Charlotte and the other children who have had SDR with Dr Park have been outstanding.

"It is not just about the walking - it's not a miracle cure - but it is about movement, about taking spasticity away, about taking away pain.

"The difference in the confidence of all the children is amazing. They are all so much more comfortable and happier in their lives."

A Department of Health spokesperson said guidance by health watchdog NICE - the National Institute for Health and Clinical Excellence - for use of the treatment was revised in December in light of new evidence.

"It is right that NHS bodies are free to make decisions based on this evidence, and on the individual health needs of local people," she added.

"NICE has advised that selective dorsal rhizotomy can improve spasticity in the longer term and doctors can consider offering the treatment as long as its results are monitored.

"As the side effects and risks of the treatment can be serious, NICE expects doctors to carefully explain these to the patients and their families or carers beforehand."

source: bbc.co.uk

Cerebral Palsy Claims

The prostate cancer vaccine that targets tumours with an '80 per cent success rate'

A vaccine that destroys advanced prostate cancers while leaving healthy tissue untouched has been developed by scientists.
In laboratory tests, the gene therapy jab successfully wiped out 80 per cent of cancers without causing serious side effects.
The British researchers behind its creation said it was a 'completely new approach' and predicted that it could start trials on people within a few years.

Although the jab has been tested on prostate tumours, they believe it could work on a range of other deadly cancers including breast, lung and pancreatic cancer.
Unlike a conventional vaccine which is given to prevent infection with a virus or bacteria, the new treatment is used after someone has contracted cancer.
Prof Alan Melcher, from the University of Leeds, who co-led the research, said clinical trials could be underway within 'a few years' and that the same technique could work for a host of cancers.
‘So far it looks safe and if it continues to look safe there’s nothing we wouldn’t rule out,’ he said.

Vaccines work by stimulating the body’s immune system to recognise antigens - distinctive proteins that are found on surfaces of cells.
Most vaccines are designed to teach the body to seek out and destroy viruses or bacteria. However, scientists are also vaccines that provoke an immune response to cancer cells.
The new cancer jab is a form of gene therapy.

Researchers first created a library of thousands of randomly-selected snippets of genetic code taken from a healthy prostate and then inserted them into a virus.
The modified virus was then cultured in a laboratory and then injected into the bloodstream of a mouse with prostate cancer.
When the mouse’s immune system was exposed to the modified virus, it produced an array of antibodies – each one geared up to recognise a different antigen on the surface of a prostate cancer cell, the researchers report in Nature Medicine.
Professor Richard Vile, of the Mayo Clinic in Rochester, Minnesota who took part in the study said: 'Nobody really knows how many antigens the immune system can really see on tumour cells.
‘By expressing all of these proteins in highly immunogenic viruses, we increased their visibility to the immune system.
'The immune system now thinks it is being invaded by the viruses, which are expressing cancer-related antigens that should be eliminated.’
Progress has already been made towards developing a similar vaccine treatment for melanoma, the most dangerous form of skin cancer.
Past attempts at gene therapy cancer vaccines often used just one gene from a tumour cell to stimulate the immune system.
But finding the right gene has proved difficult. And using two or more genes has raised fears that the immune response would be too strong for the patient to handle.

The researchers used two versions of the vaccine – one based on human prostate tissue, the other using mouse tissue. Both worked, although the human version was more effective.
Injecting the vaccine into the blood, rather than the tumour itself, appeared to prevent the immune system going into 'overdrive' and attacking healthy tissue.
Prof Peter Johnson, of the charity Cancer Research UK, which funded the Leeds team, said: 'Although the vaccine didn’t trigger the immune system to overreact and cause serious side effects in mice, it will need to be further developed and tested in humans before we can tell whether this technique could one day be used to treat cancer patients.'
Each year around 35,000 men in the UK are diagnosed with prostate cancer and 10,000 die from the disease.
Dr Kate Holmes, research manager at The Prostate Cancer Charity, said: 'This study provides new hope for the potential of these new anti-cancer therapies.
‘Although we are hopeful that the results of this study could help to form the basis of a new cancer vaccine in future, it is important to remember that the researchers have only investigated the potential of their vaccine in mice.
‘Further research looking at its effect in men is needed before we can be sure of the usefulness of this vaccine. We look forward to the outcome.'

source: dailymail.co.uk

Cancer Claims

Friday 10 June 2011

Driver suffers serious head injuries after crash on River Ray bridge

A MAN had to be resuscitated after his car swerved off the road, was impaled on a crash barrier and ended up balanced on a gas pipe on a bridge over the River Ray.

The dramatic incident occurred shortly before 6pm on Wednesday on the northbound carriageway of the A419 at Kingshill Farm at Calcutt, near Cricklade.

The red VW Passat had just overtaken a Ford Transit van and a Ford Focus when it swerved off the road at 5.55pm.

A Great Western Ambulance Service (GWAS) ambulance crew were on scene within minutes and immediately requested back-up from the Wiltshire Air Ambulance.

The driver, a 36-year-old Cheltenham man, was the only person in the car and no other vehicles were involved in the incident.

He suffered a serious head injury, as well as pelvic and leg injuries, and had to be resuscitated and stabilised by GWAS clinicians before being airlifted to Frenchay Hospital, in Bristol.

Garreth Saunders, senior GWAS clinician and officer at the scene, called ahead from the roadside to let the hospital know about the patient, so they were standing by when the air ambulance landed at 7.09pm.

His family were contacted and police transported them to hospital.

Police spoke to a number of witnesses at the scene but are keen to hear from anyone who saw the accident, or saw the red VW Passat on the A419 prior to the incident.

source: swindonadvertiser.co.uk

Head Injury Claims

Garnlydan crash dad ‘still has nightmares'

AN EBBW Vale man continues to have vivid nightmares more than four years after a crash that killed his daughter, a court heard yesterday.

Cardiff Civil Justice Court heard from psychiatrist Doctor David Thomas, who said Terry Jones, 61, of Queensway, Garnlydan, will “never get over”

the crash in which his daughter Louise, 16, and three other girls died in November 2006.

Mr Jones is suing Craig Ramshaw, who was driving the car in which Louise, Katie Roberts and Danielle Caswell, both 15, and 16-year-old Kayleigh Parry all died.

Mr Jones is suing for personal injury and loss as a secondary victim in the incident. If his case is successful, the driver’s insurance company would pay any compensation.

Dr Thomas said Mr Jones has vivid nightmares about the crash scene and the identification of Louise’s body at Prince Charles Hospital, Merthyr Tydfil.

He added that the events surrounding his daughter’s death have led to Mr Jones suffering post traumatic stress disorder (PTSD).

Nigel Lewis, representing Mr Ramshaw, argued that Mr Jones’ symptoms resulted from the “grief and sorrow” of losing his daughter.

Mr Lewis said a trait of PTSD is avoiding issues that trigger painful memories, adding: “Mr Jones is writing a book and is involved in a campaign to create one police force for the whole of Wales and has made complaints against Gwent Police.

“Don’t these pursuits demonstrate the opposite of avoidance?”

He also said keeping Louise’s ashes, her room as it was and speaking to photos of her suggest a deep sense of loss, not PTSD.

Psychiatrist Doctor Ahmed Elassra, who assessed Mr Jones for the defence, said Mr Jones’ wife identified their daughter’s body and Mr Jones didn’t see the actual crash scene himself, so he wasn’t exposed to the “horrific images” that cause PTSD.

But, Mr Jones’ barrister Bernard Powell said his experiences of the crash were enough to trigger PTSD.

Judge Anthony Seys Llewellyn said a written judgement on the case will be given in around five weeks’ time.

source: southwalesargus.co.uk

Wales Personal Injury

Man's death was linked to asbestos

A 95-year-old former soldier who had for many years suffered from an illness linked with exposure to asbestos died from the condition earlier this year, a coroner has ruled.

Stanley Ball died from symptoms “overwhelmingly linked” to the industrial disease mesothelioma on Saturday, February 26.

An inquest held into his death at Windsor’s Guildhall on Thursday, June 2, heard how Mr Ball, who spent the latter years of his life living at Glebelands House in Glebelands Road, had been coping with the life-threatening cancer since 2003.

Once diagnosed with the condition, Mr Ball immediately had a biopsy and a procedure to help the removal of fluid on his lungs, and further X-rays in 2006 and 2007 showed no obvious aggression from the disease.

However, in 2009, shortly before his transfer to the care home, Mr Ball was said to be staying in bed for longer periods of the day and was becoming more and more breathless.

While under the care of staff at Glebelands his condition was said to be generally stable, although he often required oxygen and antibiotics to treat chest infections.

Berkshire coroner Peter Bedford explained how Mr Ball began his working career as an apprentice printer before moving on to become a milkman. He then joined the Army and served during the Second World War before returning to his job at the dairy yard.

Mr Ball then changed careers and began working with his brother on building sites, where asbestos was present.

A post mortem examination carried out by Dr Mufeed Ali at Wexham Park Hospital following Mr Ball’s death discovered he had suffered both bronchitis and bronchopneumonia, which he concluded was “consistent with mesothelioma”.

Before coming to a verdict, Mr Bedford said it was “extraordinary” for someone to cope with the condition for so long after initial diagnosis.

“The evidence is overwhelmingly linked to the disease malignant mesothelioma.”

source: getwokingham.co.uk

Asbestos Claims

Kingston Hospital agrees to pay compensation after maternity blunder

A baby was dangerously starved of oxygen at Kingston Hospital after mistakes were made in his delivery, the High Court has heard.

Nicola Ricket’s son Alexander, now five, will need 24-hour-care for the rest of his life after being born with cerebral palsy in 2006.

The hospital apologised to the family and admitted Alexander should have been delivered earlier. It agreed to pay compensation at the High Court in London on Tuesday.

Speaking outside the court Mrs Ricket said: “Our lives have been turned upside down by the actions of the medical staff.

“Alexander is severely disabled and does not have any verbal communication skills; he will need 24hr care for the rest of his life and recently has started to suffer from seizures."

Mrs Rickets, who lives in New Malden with her husband Graham, suffered excruciating pain and bleeding during the birth.

His mother raised concerns, but it took took staff more than an hour before they carried out a caesarean, at which point her baby had been dangerously starved of oxygen.

The trust admitted he should have been delivered earlier, but denied that earlier delivery would have made a difference to his condition.

She said: “We welcome the apology delivered by the hospital’s lawyers in court today and only hope now that the trust acts fast to make sure my son’s care needs are provided for so that we can finally look to move forward with our lives.”

An investigation found that Kingston Hospital NHS Trust did not act within its guidelines by arranging an immediate delivery for Mrs Ricket, who had suffered a ruptured uterus.

Mrs Ricket is now warning that lessons should be learnt so that “no one else should suffer as we have”.

Jane Wilson, medical director at Kingston Hospital NHS Trust, said: "We are very sorry for what happened to Alexander and learnt important lessons from the shortcomings in the management of his birth in 2006.

“We would like to personally express our sincere apologies to Mr and Mrs Ricket and are pleased that an agreement was reached with regard to liability at a meeting between the parties and which was approved by the Court. We hope that compensation can be agreed quickly."

The family’s lawyer Anita Jewitt, from law firm Irwin Mitchell, Alexander's condition is so severe that he will never live independently and will rely on loved ones for 24 hour care for the rest of his life.

She said: "Following a difficult legal battle Mr and Mrs Ricket are delighted that, after more than five years, they now know that Alexander will have sufficient compensation to meet his significant future needs.

“We will now work with the trust in order to ensure Alexander has access to the funds he needs to live as comfortable and normal a life as possible in spite of his injuries.

"We hope this will be done as quickly as possible so that the family can finally begin to move forward with their lives.”

source: surreycomet.co.uk

Cerebral Palsy

Operation gives Cwmbran boy walking hope

A CWMBRAN family have helped to raise more than £42,000 to fund a life enhancing operation in America for their son, which is due to be carried out next week.

Taliesin Campbell, three, has cerebral palsy and uses a walking frame and wheelchair to help him move around and attends regular physiotherapy sessions.

But a rare operation named Selective Dorsal Rhizotomy at St Louis Children’s Hospital, Missouri, will help improve his mobility and could lead to him being able to walk independently in the long term.

The American operation, which is due to take place on June 14, is unique in that it is performed earlier than similar operations in this country and elsewhere but offers better improvements.

It will see surgeons cut some of the sensory nerve fibers that come from the muscles and enter the spinal cord.

The nerves sending abnormal messages will be cut leaving normal nerves intact.

But in order for the youngster to undergo the operation, Tal’s parents Jonathon and Claire Campbell, both 31, were faced with a basic sum of £40,000 to cover the operation costs.

Mr Campbell is originally from Cwmbran, where his parents Marilyn and Richard still live. Jonathon and Claire nowlive in Cardiff.

Jonathon said: “We just thought we should go for it and try and raise the money and the response has been incredible.”

Since Christmas time, events ranging from parachute jumps and marathons to book nights and cake sales have all helped towards the funds. Fundraising events have even been held in France where Marilyn and Richard have a home.

Mr Campbell added: “Tal has been amazing throughout it all. When you sometimes see him trying to play with other kids it can be quite hard but he understands that this operation is going to make his feet better.”

For more information on the fundraising visit www.talsgoodfeet

source: southwalesargus.co.uk

Cerebral Palsy

Call for increase in cancer fund spending in South West

NHS South West spent only a quarter of the money available to patients from a cancer drugs fund in the first six months, it has emerged.

Between October 2010 and March 2011, NHS South West was allocated £4.8m, but only used £1.2m, researchers for the Rarer Cancers Foundation (RCF) said.

They said the rate was very poor compared to other regions and called for an increase.

NHS bosses said spending would increase as requests for funding increased.

'North-south divide'

The Interim Cancer Drugs Fund was announced in October 2010.

The aim was to allow NHS doctors to apply on patients' behalfs for expensive cancer treatments, even if they have not been approved by the National Institute for Health and Clinical Excellence (NICE).

The RCF examined how South West spending compared with other parts of England.

It found what it called a "north-south" divide, with NHS Yorkshire and the Humber going over budget.

Andrew Wilson of the RCF said: "We believe that South West needs to get their act together in the manner in which they deal with their allocation for the Cancer Drugs Fund."

He welcomed a move by NHS South West to fast track a number of drugs to patients.

NHS South West medical director Mike Durkin said: "The vast majority of applications to the Interim Cancer Drugs Fund were agreed, and we are confident that the number of requests for funding will increase as more and more patients receive the latest drugs recommended by their doctors.

Mr Durkin said there were there were 173 applications to the Interim Cancer Drugs Fund between October 2010 and March 2011, of which 158 (about 91%) were agreed."

He said applications for funding were made by consultants on behalf of individual patients to an independent panel made up of clinicians and cancer specialists.

"The nature and urgency of cancer drugs means that the system needs to be simple, quick and responsive, and the vast majority are agreed within seven working days," he said.

source: bbc.co.uk

Cancer Claims

Disabled teenager from Grimsby fights to save legal aid

For decades the English legal system has prided itself on offering access to justice, whatever the size of your bank balance.

But will that always be the case?

Campaigners fighting plans to reduce the amount of taxpayers' money spent on legal aid, believe cuts to the programme could leave many families unable to claim compensation in cases where medical negligence has occurred.

Andrew Green from Grimsby was born in 1997 with cerebral palsy due to medical staff's delays in dealing with complications during childbirth.

As a result of Andrew qualifying for legal aid, it was possible to pay for an in-depth investigation using independent medical opinion, and eventually led to his family securing compensation to pay for care the teenager will need for the rest of his life.

Threat to justice?

Start Quote
Basically two words is all you need to say ...Not fair”
End Quote
Andrew Green
Andrew is supporting the Sound Off for Justice Campaign, which is highlighting the cases lawyers believe will be removed from legal aid such as divorce, employment and negligence.

Andrew, 14, told me: "Basically two words is all you need to say. Not fair. I am just sad to see what will happen if they do make the cuts."

Legal Aid was established after the Second World War, but costs have spiralled in recent years and ministers say the current annual bill of more than £2 billion is too high.

The Government wants to reduce that amount by around £350 million a year in England and Wales by 2015.

Resources redirected

The Secretary of State for Justice, Ken Clarke, has suggested that financial help in civil cases should only be routinely available in situations where "life or liberty" was at stake.

Justice Minister Jonathan Djanogly recently told the BBC Politics Show: "We currently spend more than any other country in the world on legal aid and after these proposals we will still spend more than any other country in the world on legal aid.

"This is a rationalisation. It's a redirection of resources towards those who most need it."

The Ministry of Justice recently carried out a consultation process and officials say no final decision has been made on the future of the legal aid programme.

The MoJ said it had received 5,000 responses to its consultation.

source: bbc.co.uk

Lincolnshire Personal Injury

Thursday 9 June 2011

Police probe Pilgrim Hospital worker

CLAIMS of patient mistreatment at Boston’s Pilgrim Hospital have prompted a police investigation and the suspension of a member of staff.


Lincolnshire Police have confirmed they are conducting an investigation into ‘alleged criminal conduct of an individual member of staff at Pilgrim Hospital’.

A spokesman said: “We are currently interviewing potential witnesses and otherwise gathering evidence.”

The news comes after a damning report by watchdog inspectors the Care Quality Commission (CQC) which found some patients were not receiving effective, safe and appropriate care to meet their needs.

The Pilgrim states the investigation has not been initiated because of a tip-off from the CQC.

Following the inspection report in February, the hospital claims it has made ‘significant changes to ensure the best possible quality of care to patients’.

Improvements have included a leadership review to allow for immediate action on reported issues, a strengthened customer care service, refresher staff training and the introduction of a set of ‘dignity pledges’ so patients know what to expect from staff.

A spokesperson for United Lincolnshire Hospitals NHS Trust (ULHT), which runs the hospital, said: “We took immediate action to address the issues raised following the inspection visit in February.”

l In a move, unrelated to the police investigation, Pilgrim Hospital has temporarily closed its ward 6B due to ‘staff shortages caused by sickness and vacancies’. A ULHT spokesman said: “We are taking steps to address the issues and ward 6B will reopen as soon as possible.”.

source: bostonstandard.co.uk

Lincolnshire Medical Negligence
Misdiagnosis Claims

Wednesday 8 June 2011

What to do after a Recent Exposure to Asbestos

Personal Injury Claims for Chefs, Waiters and Kitchen Staff

Care Worker held up with attacker overnight wins compensation

Council pays damages to injured cyclist who hit massive pot hole

£200k fine after M25 crush death

Workers death fall costs £510,000

£130,000 fine for man's 11kv shock

Firms fined over worker ordeal

Fine over height safety issues

Man fined for asbestos failures

Qaulity is more than just a name

Law Cares personal injury and clinical negligence cases

Cumbrian residents instruct Hugh James for environmental group action

Damages for Workers Exposed to Toxic Fumes

Six-year-old girl who was told she would never walk fulfils dance dream after pioneering surgery

A little girl who doctors said would never walk has defied medics by taking up dancing lessons.
All her young life, six-year-old Sophie Nugent has wanted nothing more than to dance like her idols JLS and Rihanna.
But while the other children around her spent their afternoons learning moves in the dance studio, she was told she would spend most of her life in a wheelchair.
Now, a year after undergoing a groundbreaking £40,000 medical procedure in the US, little Sophie, from, Angmering, West Sussex is strutting her stuff in her brand new blue leotard.
Sophie, who at 18 months was diagnosed with cerebral palsy, had never walked unaided before undergoing the op last year.
But just four days after a doctor in St Louis, Missouri, performed the complicated spinal surgery, she took her first step.
Now, she has won a scholarship for Bangor School of Dance near her home, where she takes weekly lessons in jazz dance alongside her friends.

Proud mum Debra said: 'When she was diagnosed with cerebral palsy we never thought we would see a day when she would walk, let alone start dancing.
'When I took her to get her first leotard was one of the best moments of both our lives. I had never seen her smile so much in her whole life - she didn't want to take it off.

'She goes for lessons every week now and while she's still a bit wobbly on her feet, to think that just over a year ago that she couldn't walk at all is amazing.'
Debra, 34, and husband Peter, 31, were told by doctors that Sophie had spastic diplegia, meaning she would never move without a walker and would spend most of her life in a wheelchair.
The spasticity - muscle stiffness - in her feet meant they were constantly extended on tip-toes and while she dreamed of becoming a dancer, Sophie had to settle with bouncing on her mother's knee while her favourite music videos played.
While her parents had resigned themselves to the thought they would never see their daughter walk, one day in 2009 they heard about a procedure being carried out in the US by Dr T S Park at St Louis Children's Hospital.
The procedure, called a selective dorsal rhizotomy, involves cutting the over-firing nerves which cause the spasticity in people suffering from cerebral palsy.
The operation is then followed with several years of intensive physiotherapy to help train the muscles to perform properly.

In Sophie's case, around 65 per cent of the nerves to her feet had to be cut off in order to allow her normal movement.
Dr Park is the only neurosurgeon in the world to have refined the SDR technique by reducing the amount of spine removed during the operation.
But until recently the procedure was still seen as experimental by the drug-rationing body NICE and is not as yet available on the NHS.
Desperate for their daughter to finally fulfil her dreams of dancing, Debra and Peter considered taking out a bank loan to pay for the £40,000 procedure.
In the end, their local community came together, raising the money in just six months.

Mum-of-three Debra said: 'Initially we had thought about taking out loans and asking family to help us pay for the operation. We only had six months to raise the money because the summer holidays were the only chance we had to do it.
'There was a huge amount of community spirit behind Sophie. She became a bit of a celebrity in the end. Everyone was so generous.
'We explained to Sophie that she was going to get her feet fixed and the first thing she said was, 'I'm going to dance, I'm going to dance!
'All her friends at school love to dance and I think like any little girl she just wanted to be 'normal' and be like the others.'

Last July, Sophie travelled with her family to have the operation and prepared for a month of intensive physiotherapy which followed.
However, she amazed even her doctors by taking her first step just four days later. By the ninth day, she was walking.
Now, nearly a year on, Sophie is not only walking on her own but is finally able to join in with her schoolfriends in taking dance lessons.
For Debra, it's the fulfilment of a dream which seemed unobtainable when Sophie was first diagnosed.
She said: 'Doctors told us that she would never stand without a walker and would, as she got older, always need her wheelchair to get around.
'She used a frame in the playground and to get from classroom to classroom at school, but she tired easily and used a wheelchair the rest of the time.

'But on the fourth day, the physiotherapist let go of her in order to reach for her wheelchair and, to his amazement, she took her first ever step. It was incredible.
'Taking her to dance lessons is a joy. I had always felt a bit cheated out of doing things like that with her so it's brilliant to be able to share it together.
'Watching her just fills me with an immense sense of pride and hopefully as she gets older she will just go from strength to strength - who knows what she will be able to do.'

Medical professionals from around the world - including Germany, Italy, Korea and Canada - have visited Dr Park to learn more about SDR which he hopes will create new programs within health services.
Dr Park, for whom Sophie was his 2,000th patient, said: 'I am more gratified than ever.

There are 2,000 children running around that have been helped by this surgery.
'Sometimes parents call to say their child is 30 years old and leading a normal life. It's wonderful.
'We need to establish this procedure as a mainstay of surgery. It's vastly underutilized and it is the only procedure that can reduce spasticity permanently.'

source: dailymail.co.uk

Cerebral Palsy
Spinal Injury

Norfolk teenager left brain-damaged at birth given £4m

A severely disabled teenager from Norfolk has won more than £4m in compensation from the NHS.

Tahlia Jade Downes, 15, of Hellesdon, near Norwich, was left with severe brain injuries after her birth at the Norfolk and Norwich Hospital in 1995.

Her brain was starved of oxygen, leaving her with cerebral palsy and wheelchair-dependent.

A High Court judge has approved the settlement from the hospital which will pay for the lifetime of care she needs.

Mrs Justice Thirlwall told the court how Tahlia, who she said had grown into a "very pretty girl", was delivered using forceps on 22 June.

She was the third child born to her mother Dawn Downes.

After a prolonged and troubled labour, Tahlia suffered permanent brain damage.

This led to severe and lasting mental and physical disabilities and affected her vision, the court heard.

Parents' loving care

Through her mother, Tahlia took the NHS trust to court, claiming that medics were to blame for the injuries because they failed to carry out a Caesarean section at an earlier stage.

The trust denied that any action on the part of its staff caused Tahlia's injuries.

They agreed that the teenager should be compensated on the basis of 70% of a full valuation of her claim.

Mrs Justice Thirlwall paid tribute to Tahlia's family and her parents.

She said: "It is not for the first time in this court that I am privileged to observe and read about the loving care given to children by their parents and family.

"I have no doubt that Tahlia is as well as she is because of the enduring care of her parents and her brothers. I salute you all."

source: bbc.co.uk

Brain Injury Claims
Cerebral Palsy Claims

Woman Dies After Cycle Accident in Wiltshire

A woman has died from head injuries after coming off her bike in Wiltshire.

The 57-year-old cyclist was riding down a hill on the B390 towards Knook.

Police say it appears she lost control and crashed just before 7:30pm on Saturday June 4th.

The cyclist was airlifted to hospital in Bristol for treatment but died on the Sunday morning.

Police are appealing for witnesses to the accident.

source: spirefm.co.uk

Head Injury Claims