Wednesday 27 July 2011

Businessman aged 45 is killed in Cornwall air crash

Cornwall Personal Injury

AN EYEWITNESS has told of seeing a helicopter plunge from the sky into a North Cornwall field, killing the pilot.

Investigators are examining the wreckage at Week Orchard, between Week St Mary and Marhamchurch, near Bude, for clues about Sunday's crash.

Businessman and farmer Chris Watts died when the Robinson R44 Raven crashed, narrowly missing a house and power cables.

Mr Watts, 45, single with no children, was the managing director of Aldwick Court Farm Hospitality in Somerset.

Lisa Congdon, 30, who runs a stud, said she was just 150 metres from the crash.

"I could see the helicopter coming through the low cloud. It backfired, made a popping noise and came down nose-first at high speed.

"I dialled 999 and we made for the scene. There were small explosions from the fuel.

"We checked to see if there were any survivors, but there was obviously no one in the aircraft so we backed off.

"It missed a holiday cottage by 15 to 20 metres, and there was debris on the road.

"Luckily there were no animals in the field."

The crash site remains cordoned off while police and the Air Accidents Investigation Branch (AAIB) continue to examine the scene.

The aircraft crashed on land belonging to farmers Dennis and Denise Congdon.

"There was this terrific roar," said Mrs Congdon.

"It went right over our house and landed up in the field just over the road.

"There was just a huge cloud of black smoke and fire going up. It was horrendous."

Electricity to some 300 houses was cut off to protect emergency personnel.

Mr Watts's brother-in-law David Luck said: "The community is shocked and saddened by his untimely death. Our thoughts are with his mother Mary and sisters Carole and Sandy."

Kite-flying death man Marcus Garwood had brain injury

Bedfordshire Personal Injury

Brain Injury Claims

A man who was fatally hurt after falling 50ft (15m) from the air while flying a kite suffered a brain injury, an inquest has been told.

Marcus Garwood, 26, of Hillcroft, Dunstable, was declared dead at the scene after crashing to the ground in Dunstable, Bedfordshire, on Sunday.

The inquest in Bedford heard he died from multiple injuries including a ruptured artery and a brain injury.

The hearing was adjourned to a later date.

Emergency crews, including an air ambulance, were called to Dunstable Downs, where the accident happened, at 13:25 BST on Sunday.

Mr Garwood was flying a kite which had a 20ft (6m) wingspan when he was caught by a gust of wind and carried into the air.

He plunged to the ground and suffered multiple injuries.

Dunstable Downs has a 200ft (61m) hill that is popular with kite enthusiasts as prevailing winds hit the ridge and are forced up at speed.

source: bbc.co.uk

Bereaved sons’ tribute to Ebbw Vale oil rigger

Hampshire Personal Injury

Offshore Claims

THE family of an Ebbw Vale man who died after an accident at a Hampshire oil refinery say they are determined to find out what led to his death.

Rigger Tony McGowan, 57, died at Southampton General Hospital on Thursday following an incident at Fawley Refinery in the New Forest.

It is thought he became trapped beneath pipes at the site. Mr McGowan’s sons, Chris and Scott, paid tribute to their father yesterday, saying they had been “deeply saddened at the tragic and untimely death of our dad”. In a joint statement they said: “He was a truly fantastic father and grandfather and will be greatly missed.” But they added that health and safety had been of “paramount importance” to Mr McGowan, and that the family would be looking for answers about what led to his death.

Hampshire Constabulary and the Health and Safety Executive are currently working together on an investigation into the circumstances of Mr McGowan’s death.

Refinery owner Exxon Mobil said it had also launched its own investigation, which will run in parallel to that of the HSE and police.

Bus driver who had one leg amputated told he won't get insurance payout... unless the other one is cut off too

Amputation Claims

Nottinghamshire Personal Injury

A bus driver who had to have his leg amputated was told by his insurers they would only pay out if he lost both legs.

Martin Wells spent more than £4,500 on critical illness cover with Scottish Widows over the past 12 years in the belief he would qualify for a pay-out of up to £500,000 if he became seriously ill.

The 47-year-old was forced to have an above-the-knee amputation of his left leg after suffering a series of severe infections.

He cannot work for up to 18 months and says he will now only ever be able to manage part-time hours.

The father-of-three, who first injured the leg 30 years ago in a motorbike accident, was told he cannot use the policy to write off his £40,000 mortgage.

Mr Wells said: 'I was told in no uncertain terms that I would need to have two limbs amputated before they would pay.'

'It's ridiculous. People take these policies out in good faith.'

He has shelled out between £30 and £35 a month for critical illness cover over the past 12 years.

Mr Wells, from Derby, hopes to return to work after he has had a false leg fitted and fully recovered from the operation.

His employer, Premier Travel, in Nottinghamshire, has buses with automatic gearboxes so he will not need to operate a clutch pedal.

But the combination of the amputation and arthritis in his right knee means he will not be able to work full-time again.

He said money is 'a big concern' with three children - Charlotte 19, who is struggling to find work, Lauren, 17, and Simon, 15.

The father had his leg amputated at Royal Derby Hospital in May three decades after the original motorcycle accident.

Eleven years later, that scar was ripped open during a fall at work.

A spokesman for Scottish Widows said the company was simply following standard guidance.
The policy covers 'loss of hands or feet - permanent physical severance of any combination of two or more hands or feet at or above the wrist or ankle joints'.

The spokesman said: 'Under the Association of British Insurers loss of limb definition, adhered to by Scottish Widows, a critical illness policy only pays out when two limbs are lost.'
But Sarah Fullaway, joint-director of Derby-based financial services company Oviso, said many critical illness polices now offered enhanced cover.

She said: 'Under the enhanced policy the loss of one arm or leg means you get a full payment.'
She said this trend had begun about five years ago in a bid to win more customers and that it was standard practice for these policies to be offered to new clients only.

source: dailymail.co.uk

Flixton five-year-old in US for life-changing operation

Manchester Claims

Cerebral Palsy Claims

The dream of being able to walk could become a reality for a brave five-year-old boy in the US for a life-changing operation.

Kieran Forde-Thain has a form of cerebral palsy and he is unable to walk independently.

In April this year, the Flixton Infants’ School pupil made a heartfelt appeal, through the Advertiser, to raise £60,000 for surgery he hopes will help him run with his friends.

This target was smashed in just two months thanks to our readers, his family and friends and the total raised currently stands at more than £88,000.

Kieran flew out to Missouri on Saturday with his parents Amanda Forde and Jonathan Thain and their partners.

The operation, which is not available on the NHS, was scheduled for yesterday (Tuesday) at the St Louis Children’s Hospital.

It hopefully will help him walk unaided as well as improve other symptoms of his condition.

Kieran is due to spend four weeks in America to receive physiotherapy after the operation and will be home on August 23.

Mum Amanda, 25, of Kingsway, Davyhulme, said before they flew out: "Kieran is really excited about it. We are trying to keep our nerves and apprehensions hidden from him. He understands he is going to have an operation and he will be in pain afterwards with a lot of work ahead of him but a five-year-old can only see so far forward.

"He knows it is not going to be a holiday but we are going to try and take him to the zoo on the Sunday before the surgery. After the operation, he will have to stay in hospital for about five days, and I will not be leaving his side.

"When he is off the painkillers, he will be able to stay in a hotel with us, but we will have to make daily trips to the hospital for physiotherapy. The charity Caudwell Children is supporting the Kieran to Walk campaign and is holding the money raised on behalf of the family."

Amanda added: "There is no doubt the treatment will make a massive difference to Kieran’s life, he should be able to put his foot flat on the floor.

"He really has to learn to walk, like a baby would do, and he will most likely still have to use his frame for a while. But he is a very strong-willed little boy and he will give it his best shot."

For more information log onto: www.kierantowalk.co.uk

source: menmedia.co.uk

Monday 25 July 2011

Disabled boy trapped by car in Barnsley bungalow crash

Personal Injury Yorkshire

A disabled boy was seriously hurt when a car came off the road and crashed into a bungalow, trapping him under the vehicle in his bedroom.

The 13-year-old was stuck in his wheelchair under the Vauxhall Astra for an hour before he was freed, during the incident in Barnsley on Saturday.

Police said the boy had been sitting at his computer at the time of the crash.

Two of the boy's brothers, aged eight and five, and a sister, three, who were playing in the bedroom were also hurt.

Their injuries were not serious and they were taken to Barnsley District General Hospital, from where they were later discharged.

South Yorkshire Police said the disabled boy had suffered a broken right leg in the crash.

It happened at about 11:50 BST in Meadstead Drive, Royston.

'Through fencing'

The teenager was airlifted to hospital in Sheffield, where his condition is described as stable.

The driver, an 82-year-old man, and his male passenger were slightly injured and also taken to hospital.

A spokeswoman said: "A silver Vauxhall Astra is believed to have travelled down Manor Grove towards a T-junction with Meadstead Drive.

"It's thought the car went across the junction, through fencing and then through a bedroom window of a bungalow.

"A 13-year-old boy was in the bedroom, sitting at a computer. He became trapped underneath the car for at least an hour and had to be freed by firefighters."

Police are appealing for witnesses to the accident.

Man killed in M27 motorway crash named as Steven Harris

Personal Injury Hampshire

A man killed in an accident involving two vehicles and a maintenance truck on the M27 motorway near Southampton has been named as Steven William Harris.

The 53-year-old, from Southampton, died when his Jeep collided with a highways maintenance vehicle parked on the hard shoulder and an HGV on Friday morning.

A grass-cutting team was on the verge near junction two at Ower at the time of the crash. No-one else was injured.

Police have appealed for witnesses to contact them.

source: bbc.co.uk

RAF man killed in Italy road crash

Personal Injury Claims

Colonel Nick Orr, spokesman for the Ministry of Defence Permanent Joint Headquarters, said the airman, from No 2 (Mechanical Transport) Squadron, was driving the lead vehicle in a supply convoy when his it left the road.

The convoy was taking supplies to UK forces in support of Operation Ellamy in Libya.

Col Orr said: "It is with deep regret that I must announce the death of a Royal Air Force serviceman from No 2 (Mechanical Transport) Squadron in a road traffic accident in southern Italy on 20 July 2011.

"The airman was part of a logistics convoy to resupply UK forces in support of Operation Ellamy.

"The airman was driving the lead vehicle in the convoy when, for reasons that have yet to be established, his vehicle left the carriageway. Our thoughts and prayers are with his family at this terribly difficult time."

The Ministry of Defence said the cause of the accident, in the Abruzzo region, is under investigation.

source: liverpoolecho.co.uk

Potentially lethal cigarettes being sold in Gloucester

Personal Injury Claims

POTENTIALLY lethal cigarettes are being sold in Gloucester.

Controversial Jin Ling fags, which contain industrial chemicals, are being flogged at a city convenience store.

The notorious black market cigarettes were imported into the UK from China and have prompted warnings from health experts.

Hundreds of packets have been seized by trading standards around the country so far this year, and tests show some are lined with dangerous asbestos.

In a Gloucester shop, which cannot be named for legal reasons, a Citizen reporter was sold a pack of 20 for £2.70.

Following the sale, trading standards officials are now investigating.

Campaigners have been shocked by the purchase.

Elaine Watson, manager of Gloucestershire NHS Stop Smoking service, said she was aware of the brand and urged people not to buy them.

"I am very concerned about stores having these cigarettes," she said.

"Smoking is particularly bad for your health, however these types of cigarettes have such a high amount of additives they can seriously damage your health.

"People selling them often think they are doing a favour to the buyer but they are not," she added.

"The most effective measure we have in this country to stop people smoking is putting up the cost of cigarettes.

"If someone is undercutting that market that is a huge risk."

They come in yellow packs with the words "USA blend" on the front with an illustration of a mountain goat.

Last year, the World Health Organisation (WHO) issued a warning after the emergence of the product in Europe.

They are thought to be twice as strong as ordinary fags.

Martin Bruton, at Gloucestershire Trading Standards, said there were concerns the cigarettes were being made specifically for the black market.

Mr Bruton, who is consumer advice and community development manager, said: "Our colleagues in the health service are concerned that all tobacco products pose a health risk but illegally imported tobacco which is not intended for UK distribution is not controlled in the same strict manner as genuine brands.

"They are unlikely to have been tested and some reports have suggested they may contain other harmful substances.

"We are concerned that consumers buying illegally imported tobacco are putting themselves at risk and are supporting criminal activity."

Mr Bruton added that tobacco products that can be legally sold in the UK will carry required health warnings.

Despite several attempts to contact the store itself, the owner was unavailable for comment.

source: thisisgloucestershire.co.uk

Pilot killed after helicopter hits power lines and crashes in field

Personal Injury Cornwall

A helicopter pilot died after hitting power lines before crashing into a field and bursting into flames.

The man, aged in his 40s, was flying alone when he suddenly lost altitude before the accident happened.

He was in a remote area close to Bude, Cornwall, when the accident happened yesterday afternoon.

The Air Accident Investigation Branch have launched an investigation as they try to establish how the incident happened.

The identity if the pilot has not been released although his next of kin have been informed.

A spokesman for Devon and Cornwall Police said: 'The helicopter was privately owned and came down in a field about five miles from Bude between Marhamchurch and Week St Mary.

'It is a very isolated area with no roads nearby for reference.

'Air Accident Investigation Branch are looking into the incident'

Beth Sachs, who lives with her husband and young children around 300 yards from where the helicopter came down, said she had heard the stricken helicopter making 'strange noises'.

'I didn't see it come down but I heard it fly over making strange noises,' she said.

'A fire engine from Launceston went by and then the electricity went off for about an hour.'
Around 300 homes lost their power supply following the accident yesterday afternoon.

Western Power shut down the line while emergency services attended the crash scene. The power was later switched back on.

source: dailymail.co.uk

Friday 22 July 2011

Linford Christie gets 15-month driving ban over head-on taxi crash in Bucks

Personal Injury Buckinghamshire

Olympic gold medallist Linford Christie has been banned from the roads for 15 months, fined £5,000 and ordered to pay £1,000 costs after being found guilty of careless driving.

The former 100m champion was cleared of dangerous driving.
The 51-year-old, from Twickenham, west London, crashed his Audi A8 head-on into a taxi while driving on the wrong side of the road in Chalfont St Peter, Buckinghamshire, on May 8 last year.

Four people, including a newlywed bride and her husband, were hurt.
‘I wish to express my deepest regret to all concerned and sincerely apologise for any suffering caused,’ Christie said after the trial.
‘This terrible accident was caused by a momentary lapse in what has been over 30 years of driving safely and carefully.’
One of four people injured in the crash, Michael Burt, 61, said he was ‘very disappointed’ with the outcome of the case at Aylesbury crown court.

source: metro.co.uk

Man dies in M27 motorway maintenance truck crash

Car Accident Claims

A man has been killed in an accident involving two vehicles and a maintenance truck at junction 2 of the M27 motorway near Southampton.

He was driving a 4x4 vehicle when it collided with a highways maintenance vehicle parked on the hard shoulder and an HGV also travelling eastbound.

There was heavy traffic disruption and the eastbound M27 at junction 2 remained closed until about 14:30 BST.

A grass-cutting team was on the verge at the time. No-one else was injured.

The westbound carriageway was also closed for about an hour to allow the air ambulance to land.

source: bbc.co.uk

Coroner highlights concerns over drug procedures at Sunderland Royal Hospital following disabled man’s death

Cerebral Palsy Claims

A DISABLED man who died of pneumonia in Sunderland Royal Hospital missed doses of medication.

It was revealed at an inquest into the death of Carl Winspear, who suffered from cerebral palsy, there were gaps between some doses of antibiotics, due to the timing of drugs rounds at the hospital, and there was no record of another prescribed antibiotic being given at all.

The 28-year-old – who lived in Columbia, Washington, with mum Elaine – died in January after he was admitted to the hospital with a chest infection.

The inquest in Sunderland heard how Carl was prescribed a range of antibiotics by medics, as there were doubts over the cause of the infection.

A doctor from the hospital claimed he was “90 to 95 per cent sure” the missed doses would not have caused Carl’s death.

However, City of Sunderland coroner Derek Winter is now using his powers to write to the hospital and the Secretary of State for Health in light of Carl’s case.

Dr Andrew Berrington told the inquest in Doxford Park that there was a 14-hour delay between doses of one antibiotic and about 20 hours between another, as they were prescribed after the first doses should have been given.

He said: “I do not like giving percentages on chance, but there was 90 to 95 per cent chance that these delays did not affect the outcome.

“Had we identified the cause of this infection it would have been easier to target the antibiotics.”

Dr Berrington added that a new version of the hospital’s electronic prescription system was being introduced and training for new doctors had been improved.

He said: “We have 50 to 100 junior doctor prescribers in the hospital which turn over every year, so we have to get it right each time.

“With the new system, which is being rolled out in the next year, or so I have been told, the nurses will have a much clearer picture of what happens to previous doses.”

But Carl’s aunty Sandra Noble, speaking on behalf of the family, said: “The hospital have badly let Carl down. No one could have known if any of this medication could have made a difference but he was not given a chance.

“Carl could not communicate that he was in pain. We will never know what happened that night and how Carl suffered.”

The family also raised concerns that a Do Not Resuscitate order was placed on Carl’s file by doctors.

Mr Winter added that he decided to make a report under the Coroners’ Rules as he had dealt with two similar cases.

Verdict: natural causes

source: sunderlandecho.com

Wednesday 20 July 2011

Milk tanker driver dies after crash in Dorchester, Dorset

Personal Injury Dorset

A MILK tanker driver died when her vehicle left the road and rolled into a field near Dorchester.

The 52-year-old female driver was pronounced dead when police arrived at the scene of the incident shortly after 2am yesterday on the road between Martinstown and the Monkey’s Jump roundabout.

The route was closed in both directions for much of yesterday morning as police arranged for the tanker to be drained and recovered.

Officers were also investigating the scene of the incident, with no other vehicles believed to be involved.

The woman’s next of kin have been informed.

Speaking at the scene Sergeant Joe Pardey, from Dorset Police’s traffic unit based at Dorchester, said the incident was reported to police at around 2.10am yesterday.

He said: “We were called by a member of the public who reported that a lorry was on its side in a field.

“The police arrived at the scene and found that the lady driver was dead inside.

“She was a 52-year-old woman from the Blandford area and was the only occupant.”

Sgt Pardey added: “It certainly doesn’t look at this stage that any other vehicles or anybody else was involved.

“At this stage we don’t know a reason why she’s left the road.

“The collision investigators are having a look and will come up with more conclusions as to what happened.”

The milk tanker was owned by Chippenham-based company Wincanton.

A spokesman for the firm said: “We can confirm that one of our milk tanker drivers has been involved in a fatal accident south west of Dorchester on an unclassified road between Winterborne St Martin and Monkey’s Jump roundabout. “Our immediate thoughts are with her family and friends. This is a very tragic accident.

“However, until a full investigation has been carried out, we are unable to comment further on its cause.”

Sgt Pardey said the recovery effort involved pumping all of the milk from the vehicle before it could be removed, while Dorset Fire and Rescue Service assisted with extracting the body from the vehicle.

source: dorsetecho.co.uk

Woman critical after being hit by reversing daughter

Personal Injury London

A woman is fighting for her life after being hit by a car driven by her 17-year-old daughter as she practised reversing.

Sue Duke, in her early 40s, is in a critical condition in hospital after suffering serious head injuries in the freak accident in Cuxton.

Kent Police said she is in intensive care in the Royal London Hospital with life-threatening injuries.

She was hit by the vehicle in the car park of Cuxton Social Club, in Bush Road, on Monday morning.

It is not known if her daughter had passed her driving test or how she came to be hit by the reversing car.

Police were called at about 11.20am by South East Coast Ambulance Service.

A Kent Air Ambulance helicopter was scrambled at about 11.35am and landed in a nearby field.

A spokesman said she had suffered a "very serious head injury" and was flown to a special neurosurgical centre.

Ms Duke – a steward at the club – has lived in Cuxton for most of her life, but is understood to now live in Strood.

Her family are said to be by her hospital bedside.

Family friend Ann Stocker, 63, said: "They are a lovely family and are very well known in the area. They are a very big family in the community and a very friendly family."

source: kentonline.co.uk

Boat driver 'did not see' killed Mari-Simon Cronje

Personal Injury London

The driver of a boat which killed a girl he had been towing was unaware she had fallen in the water, a marine report has said.

A ski boat ran over Mari-Simon Cronje, 11, at Princes Club Water Sports Park in Bedfont, west London.

Its propeller caused severe injuries in the accident on 11 September 2010.

The use of safety procedures was "flawed at every level" at the water park, the Marine Accident Investigation Branch (MAIB) said.

Mari-Simon, from London, fell from a "banana boat" - an inflatable yellow craft towed behind a speed boat - at a birthday party.

She was pronounced dead soon after arriving at hospital.

"The implementation and execution of the safety management system used at Princes Club was flawed at every level and had not identified or controlled the risks to children taking part in banana boat rides effectively," the report said.

The boat's driver did not see the girl as he continued on a tight circular route, it said.

Watching parents
The boat was operating without an observer and the driver was dividing his attention between looking ahead at where he was going and behind to check on the welfare of those riding the banana boat, MAIB added.

It said the helmet that Mari-Simon had been issued was a grey colour that was difficult to see in the lake water.

The tight circuit taken by the driver reduced the opportunity to see the girl in the water, the MAIB added.

But the licensing requirements for ski boat drivers operating on a commercial basis were unclear, the report found.

The report added the ski boat was driven by a 22-year-old who was working his second summer season at the park.

The MAIB said there was was no requirement for him to hold any qualifications, but his seven years of experience satisfied the conditions of the club's insurers.

Mari-Simon had fallen off the banana boat between 10m and 15m from the shore.

Watching parents shouted and waved to attract the driver's attention but "their efforts were not seen by the driver," the report said.

After the accident one child jumped off the banana and swam to her friend's aid.

Mari-Simon saw her friend but soon lost consciousness, the MAIB said.

An ambulance had arrived at the park at 1649 GMT, within five minutes of the first emergency call.

The ambulance team eventually reached Mari-Simon shortly after 1700 GMT having had to run an estimated 550 metres with their equipment.

At 1739 GMT, Mari-Simon was transferred by road ambulance to West Middlesex Hospital in Isleworth, west London.

Despite extensive attempts to revive her, Mari-Simon did not regain consciousness and she was declared dead at 1822 GMT.

source: bbc.co.uk

Anger as school asbestos removed

Personal Injury Wales

PARENTS at a Cynon Valley primary claim they have been left in the dark after contractors started removing asbestos from the school as children studied inside.

Angry mums and dads, who thought the removal work at Penywaun Primary School would only be undertaken once the school had broken up for the holidays, are demanding answers from the headteacher and the council as to why they were not told about the changes.

The harmful substance, which is the single greatest cause of work-related deaths in the UK, is thought to have been contained in the boiler room of the school, far away from the lesson areas.

But parents Kay and Robert Morgan have decided to take drastic action and remove their daughter, Caitlin, from the school before the end of term.

Mrs Morgan said: “I stood outside the school and watched parents walking past, completely oblivious to the work that’s going on. One parent got very upset when I told her they were removing asbestos.

“It is appalling that no letters were given out and no warning was issued to the parents to make an informed decision.

“They have chosen to keep this a secret so they wouldn’t have to explain what was going on.

“The way they have handled this is disgusting.”

The couple, who were keen to praise the teachers for their hard work and dedication towards their autistic daughter, decided to contact the press to alert parents.

Father Robert has previously worked in the construction industry and knows the long-term dangers of asbestos.

He spotted the equipment outside the school and immediately made inquiries.

He said: “I am really concerned for the children and I’m aware of what the implications are.

“There may come a time 20 years down the line when their health might deteriorate, and who will take the blame for it?

“I first spotted the decontamination unit two weeks ago, but most people wouldn’t know what it was.”

Asbestos fibres are present in the environment in Britain, so people are exposed to very low levels of fibres in every day life.

But working on or near damaged asbestos-containing materials or breathing in high levels of asbestos fibres, which may be many hundreds of times that of environmental levels, could increase people’s chances of getting an asbestos-related illness.

It can cause serious diseases and is responsible for around 4,000 deaths a year.

The Morgan family have spoken to the Local Education Authority about the incident and have queried why the removal work was moved forward.

Cynon Valley Labour Assembly Member Christine Chapman said: “I have been in touch with RCT Cabinet Office who tell me that all the necessary safety measures are in place and that temporary classrooms are being used.

“However, it is understandable if parents are concerned and it is vital that RCT Council keeps parents informed.”

Penywaun Primary School broke up on Tuesday, July 19 – two days earlier than scheduled.

A spokesperson for Rhondda Cynon Taf Council said: “Construction is well advanced on the new school facilities at Penywaun to establish a brand new state-of-the-art learning facility for pupils.

“As part of the project programme it was necessary to re-house pupils in temporary classrooms to enable the current infant building to be demolished during the summer holidays.

“Under stringent construction and legal procedure, a survey was carried out into the building which identified some asbestos that require removal prior to demolition.

“The council has followed the legislative requirements for asbestos removal and appointed a licensed contractor to undertake the removal under controlled conditions. The contractors are being supervised by a specialised Asbestos Consultant and as art of the legislation the Health and Safety Executive have been notified of our actions and received a risk assessment, together with plans of work in place. In addition air quality monitoring is in place to alleviate concerns on the site.

“The programme of works has ensured all possible risks have been identified and actions put in place to mitigate any risks to pupils and staff of Penywaun Primary School.

“We would like to assure parents that we are managing the project safely and in accordance with legislation in all cases, we err on the side of caution to ensure that any potential risks are mitigated to ensure the safe wellbeing of pupils and staff.”

source: walesonline.co.uk

American diver found dead after exploring the USS New York shipwreck in the Pacific Ocean

Diving Claims

An American diving instructor, who had also worked with the U.S. Navy, has been found dead after exploring the USS New York in the Pacific Ocean.
Steve Brittain, a dive master who worked at Johan Dive Shop in Subic Bay in the Philippines, died - along with a Hong Kong tourist - when surveying the World War II wreak.
Police recovered the body of the American today after the two divers went missing yesterday evening, and the tourist's body was found, inside USS New York, last night, according to police officer Jose Llaves.

Mr Brittain, who was believed to have settled in the Philippines and started a family there, took tourists Tin Shun-chuen and Chow Fung-lung diving at the popular wreck on Sunday, but only Mr Chow emerged from the expedition.

He told police he lost track of Mr Brittain and Mr Tin because of poor visibility as they swam through the wreck, forcing him to surface.

Nino Palmiano, a staff member for the Boardwalk Dive Shop in Subic whose dive masters took part in the search and rescue effort, said that Mr Brittain was a popular and experienced diving instructor in the area.

'I know that he was previously with the U.S. Navy,' Mr Palmiano said.
According to the Johan's Beach and Dive Resort website, the dive centre, established by Johan De Sadeleir, reads: 'Johan offers Novice, Recreational, Wreck, Nitrox, Deep and Trimix diving.

'[We also offer] instruction with PADI (Professional Association of Diving Instructors), ANDI (American Nitrox Divers International), CMAS diver(Wold underwater Federation).

'We are [also] PCSSD (Philippine Commission of Sport Scuba Divers) accredited [and a] member Subic Bay dive association.'

The website continues: 'We dive 30 wrecks and coral sites with our four fast speed boats leaving in front of the resort at least twice a day.

'Wreck sites include World War II wrecks, battle ships, cargo ships, patrol boats, landing ships, antique steam ships, submarines and airplanes.

'Three full time instructors with combined over 45 years of dive instruction worldwide teach in English, French, German, Dutch (Nederlands) and Tagalog.'

Romeo Renojo, maritime security chief at the Subic Bay Freeport, said an investigation is under way.

He said he has recommended a suspension of dives at the USS New York, one of about eight U.S. and Japanese World War II shipwrecks in Subic Bay.
The USS New York was scuttled in 27 metres (90 feet) of water by U.S. forces based at the then U.S. naval base ahead of the Japanese World War II invasion, according to local dive shops.
The wreck is home to colourful sea creatures such as barracuda, lionfish, groupers, lobsters, octopus, and rays, according to local divers.

source: dailymail.co.uk

Tuesday 19 July 2011

MP Annette Brooke backing helmets bill

Brain Injury Claims

YOUNGSTERS under 14 should be made to wear cycle helmets to protect them from devastating head and brain injuries.

That is the idea behind a Private Members Bill presented to Parliament by Annette Brooke, MP for Mid Dorset and North Poole.

Her Cycles (Protective Headgear for Children) Bill would make it mandatory for children under the age of 14 to wear cycle helmets when they are cycling on roads and in open spaces.

In the last year, 5,717 children were admitted to hospital due to accidents while cycling, more than twice the number injured as pedestrians.

The law would not make criminals of those cycling without helmets, but would require proof of purchase of a helmet within 28 days to avoid receiving a fine.

“We have a duty to protect our children, and the Cycles (Protective Headgear for Children) Bill will do just that,” said Annette.

“Brain injury devastates the lives of individuals and their families. Children are at a higher risk because not only are their brains not fully developed but they are less experienced at cycling and on the roads in general.

“Brain injury lasts a lifetime. We owe it to children to protect them in the years before they are old enough to make their own minds up.

“More children wearing helmets will mean a reduction in child deaths and serious brain injury.

“Through this Bill I hope we can make cycling even safer, and encourage children to get out on their bikes.”

The Bill also has the ongoing support of the BMA, the brain injury charity Headway, Bicycle Helmet Initiative Trust, Child Brain Injury Trust, the road safety charity BRAKE and the Child Accident Prevention Trust.

source: bournemouthecho.co.uk

Simon Oates of gocompensate.com welcomes this proposed Bill. "Having worked in the claims profession for over 20 years and seeing first hand the devastation that could have been avoided through the wearing of a cycling helmet, this Bill is not only welcome but long overdue."

Coach driver ‘did what he had to do’ at crash scene

Personal Injury Lincolnshire

THE bus driver who plucked an eight-month-old baby from the wreckage of a car crash near Crowland said he “did what he had to do”.

Retained firefighter Dave Ellis (21, pictured) took control of the scene after the head-on collision happened three cars ahead of his coach on the new A1073 bypass on Wednesday morning.

The accident left the baby boy and his parents seriously injured.

Tourmaster Coaches driver Mr Ellis, who was taking a group of schoolchildren to Skegness at the time, said: “I stopped the coach and used it to block off the road. I got one of the teaching assistants to come with me and call 999 while I was checking the scene so she could pass on what I could see.”

Mr Ellis (pictured right) said he checked on the driver of a Seat Leon before attending to the family in a Ford Focus.

“The rear door was crushed in but I managed to force it and get it open,” he said. “I got the baby out and checked him to make sure there were no obvious injuries. Then I handed him to a teacher and told them to keep the baby warm.”

Minutes later Mr Ellis was able to debrief police officers and his colleagues from Crowland Fire Station.

The father and baby were flown to Queen’s Medical Centre in Nottingham by the Lincolnshire and Nottinghamshire Air Ambulance, while the mother was taken to Peterborough City Hospital.

Nurses have described them all as being in a serious but comfortable condition.

Police say they are from the Huntingdon area.

The 50-year-old Seat driver, who was from Sibsey, near Boston, suffered minor injuries and was treated in Peterborough.

Afterward the incident Mr Ellis continued his journey to Butlins with the group from the Jack Hunt School.

He said: “My training helped because I just go into fire service mode. You just do what you have to do."

source: spaldingtoday.co.uk

Government cuts could hit patients advises Williamsons

Williamsons Solicitors
DRIFFIELD based clinical negligence lawyers are warning that proposed government cutbacks to Legal Aid could seriously affect patients’ entitlement to damages.

The coalition government’s proposed changes could adversely affect all patients who suffer avoidable injury as a result of medical errors.

This may prevent patients from obtaining any compensation or, where a successful claim is pursued, being forced to accept only 75% of their agreed compensation, warned Nick Gray, of Williamsons Solicitors, Exchange Street.

“Under the current civil justice system one of the central guiding principles is that the victim of any ‘wrong’ should receive appropriate monetary compensation to put them back in the position they would have been, had the ‘wrong’ not occurred.”

“The government intends to force injured patients to contribute towards their legal costs, instead of the losing party, such as a hospital, paying all the patient’s legal costs.

“This could mean the injured patient paying for legal costs of up to 25% of what is very carefully calculated compensation."

Source: driffieldtoday.co.uk

Monday 18 July 2011

Council pays out £400k in injury compensation claims

Bolton Council paid out more than £400,000 in injury compensation claims last year, The Bolton News can reveal.

The payouts, uncovered following a Freedom of Information request, are made up of a string of claims made by members of the public amounting to £360,000 as well as £50,000 compensation awarded to council staff.

The council made 71 payouts to Bolton residents, ranging from £850 to £27,000, for slips, trips and falls on council footpaths and pavements. One of the payments was for an accident involving a child.

There were a further 15 payments made to council employees, including teachers and school staff, ranging from £1,000 to £13,750.

Accidents included a fall from a chair, slipping on polythene wrapping, a trip on a pothole and someone who tripped over a picnic table. One woman worker received £13,750 for a fall in a car park while another member of staff was awarded £4,500 after injuring his back while caring for someone.

The previous year, almost £600,000 in compensation was paid out to people who tripped and fell on pavements, but this was a reduction of more than £200,000 for 2008/09, when Bolton Council paid out £804,124.

The council says it does not pay out on 75 per cent of claims it receives.

The council stated it paid out early on claims where it believes it is responsible to avoid costly legal battles.

A spokesman added: “If we think the case is defendable then we will not pay out and contest the claim in court.”

Nearly £2 million is currently being invested in the borough’s road network, but the council said the claims relating to potholes were not a significant proportion.

The TaxPayers’ Alliance blamed a growing “compensation culture” in the UK.

Research director John O’Connell said: “Taxpayers will be shocked to hear what huge sums are being paid out. Sadly there is a growing compensation culture and while some claims are unavoidable, it’s disappointing that big payments are often made for seemingly little more than everyday accidents, wasting taxpayers’ cash and making council staff paranoid about carrying out their jobs.”

Personal injury specialist Michael Hardacre, Partner at Manchester law firm Pannone, said there is no such thing as a compensation culture.

He said: “Try telling the widow of someone who has just died from asbestos related cancer that she is a greedy compensation seeker because she is looking for justice for her husband.

“Even on a less dramatic scale, the principles remain the same for someone who slips and injures themselves on a pavement that has not been properly maintained by a council.

“They should also be able to seek recompense from that council for their injuries and very often loss of earnings.

“Over the last few years, many councils have improved their standards enormously and have as a result reduced the amount they pay out in compensation.

Some councils simply take the view that it’s easier to pay out compensation than to spend the money improving standards.

Ultimately the point of claimants having the right to sue, is to hold the failing councils to account and make them do the simple things we pay our council tax for, like filling potholes in the road, more quickly and properly.”

Lancashire Claims

Council apology for Lincoln mum-of-three over three-month care delay

A FRUSTRATED mum-of-three has won an apology over a three-month delay in assessing her care needs.

Cerebral palsy sufferer Catherine Lidbury, 30, developed sciatica earlier this year, which restricted her mobility even further.

Miss Lidbury, of Grainsby Close, which is off St Peter's Avenue, Lincoln, said she first approached Lincolnshire County Council for help in April.

She says she now relies on her partner helping to get her up, so she can move around and help with the children.

And Miss Lidbury recently broke her arm after falling – something she believes would not have happened if she had the proper equipment to help her.

"My mobility got worse after the diagnosis of sciatica and I need equipment to make my life and my family's life a bit easier," she said.

"I contacted the county council in April and was told they would come to do an assessment.

"But I didn't hear anything. I called back a few times and was told time and time again my case was urgent.

"Half the time I'm laid up and they kept telling me I'm an urgent case. When I finally got through to the right people, they told me they had lost my first referral.

"I'm not asking for a lot – just a few things to make my life a bit easier.

"But now the process has to start again, so it's more waiting."

Miss Lidbury is asking for handrails to assist her accessing her home, and a shower room which would be easier to use than her existing bathroom.

"I think the way I have been treated is appalling," she said.

"It makes you wonder if this has happened to someone who has greater needs than mine."

Peter Sadler, the county council's adult social care general manager, said in a statement the assessment had now begun.

"We have spoken with and written to Miss Lidbury to offer our sincere apologies," he said.

"The speed of service she received was not in keeping with the very high standards we strive to provide.

"While we are trying to track down the cause of the referral delay, additional systems are already being put in place as part of our restructure to prevent such a delay occurring again.

"Miss Lidbury has now confirmed she is happy with the assessment process, which has commenced."

source: thisislincolnshire.co.uk

Lincolnshire Claims

Cerebral Palsy Claims

Thirty Subaru cars surprise Newquay boy Jake James

A group of car enthusiasts from across England have travelled to Cornwall to surprise a boy with Cerebral Palsy.

Thirty Subaru owners from as far afield as Oxford and the Peak District travelled to Newquay on Sunday.

They surprised Jake James, seven, who has Cerebral Palsy and diabetes and says the Subaru is his favourite car.

His mum, Diana James said: "It's just mind blowing, we can't thank all the people enough, it's just been amazing and it's just all been for Jake."

The car enthusiasts made their way down to Newquay after a family friend suggested the idea and posted it on a Subaru forum.

As well as leaving his house to find the cars revving on the road, Jake also got driven around Newquay in a 30-car convoy.

source: bbc.co.uk

Cerebral Palsy Claims

Obesity, heavy drinking and 'couch potato' lifestyle fuels 20% rise in cancer among the middle aged

Some 61,000 Britons aged 40 to 59 are diagnosed with cancer every year

Obesity, heavy drinking and a ‘couch potato’ lifestyle are fuelling soaring rates of cancer in the middle-aged, a report warns today.

The numbers in their forties and fifties diagnosed with the illness has risen by a fifth in the last 30 years.

The warnings followed claims that cancer survival rates are actually improving, and have even doubled over the past 40 years.

Improved treatment, national screening programmes, better testing and drugs mean more cancers are being detected at an earlier age.

According to a Cancer Research UK study, the chances of surviving cancer for at least 10 years have doubled to almost 50 per cent.

Experts say that certain tumours once only considered common in old-age are now widespread in younger generations.

Some 61,000 Britons aged 40 to 59 are diagnosed with cancer every year, according to figures.
Rates of prostate cancer in middle-aged men have risen sixfold in the last 30 years and there are nearly 4,000 new cases in this group a year.

It is the most common form of cancer in males and the average man has a one in nine chance of being affected at some stage in his life.

Breast cancer rates in women in their forties and fifties have risen by 60 per cent in the same period and there are some 17,110 cases a year.

Figures show that one in eight women will develop the disease at some stage in life.
Other cancers affecting the bowel, stomach, kidney, throat and mouth have also become more common in the middle-aged and many are associated with obesity, lack of exercise and alcohol.

The only form of the disease which has significantly declined in the last 30 years is lung cancer, due to fewer numbers smoking.

Only last week separate figures showed that four in ten Britons – 42 per cent – would be diagnosed with cancer at some point in their lives, up from 33 per cent a decade ago.
The alarming report by Macmillan Cancer Support warned that the NHS would struggle to cope with the increasing numbers of cases – many caused by unhealthy lifestyles.

Researchers have shown that fat tissue in the overweight and obese produces hormones such as insulin and oestrogen which can trigger the growth of tumours. Alcohol is believed to have a similar effect and other lifestyle factors such as lack of exercise and a diet rich in red meat have been linked to cancer.

Experts are urging adults in their forties and fifties to play closer attention to possible symptoms to ensure the illness is diagnosed as early as possible.

Sara Hiom, Cancer Research UK’s director of health information, said: ‘We know we can lessen our cancer risk by not smoking, cutting down on alcohol, keeping a healthy weight, taking exercise and eating a balanced diet. But all too often the unhealthy choice, like taking the lift instead of the stairs, is the easiest option.

‘We also know acting on signs and symptoms quickly, going for screening when invited and being diagnosed and treated promptly can make all the difference in long-term survival.’
The charity also points out that the increase in rates of breast and prostate cancer is partly due to better screening. And thanks to earlier diagnosis and better treatments the survival rates of cancer have doubled since the 1970s.

But campaigners warn the NHS has a ‘massive challenge ahead’, due to the soaring numbers of cases.

Mike Hobday, head of policy at Macmillan Cancer Support, said: ‘It is really alarming that cancer rates in middle-aged men and women have increased this rapidly in a generation.
‘The NHS needs to recognise that cancer is now a long-term condition and plan better services to help people manage the long-term effects of the disease.’

source: dailymail.co.uk

Cancer Claims

Redbridge hospital trust pay out £11million for negligence

Clinical negligence payouts by Redbridge’s health trust are the second highest in the country, newly released figures reveal.

In 109 claims, £11.1million was paid out by Barking, Havering and Redbridge University Hospitals NHS Trust (BHRUT) in the 2010/11 financial year.

Of that, £4.7million was paid out for failings in maternity care.

The figures have been described as “extreme” and “very concerning” by Ilford North Conservative MP Lee Scott.

The data, published by the NHS Litigation Authority – which handles negligence claims on behalf of NHS bodies – also reveal £421,000 was paid out for non clinical claims, which can be made by the public or employees.

In 2009/10, the total paid out by the trust in clinical damages was £9.2million, and in 2008/09 £5.1million.

BHRUT’s total debt currently stands at £150million.

Mr Scott said: “This is something I’ve been looking at for a number of years. Sadly, BHRUT has always been very high when it comes to negligence payouts.

“It’s of great concern and the current Care Quality Commission (CQC) investigation going on will hopefully rectify this.”

He added: “It’s not a question of being too generous, it’s a question of paying before it goes to court.”

The CQC full investigation, which began earlier this month, has been launched because the regulator “keep finding problems” during unannounced visits to both King George Hospital, Barley Lane, Goodmayes and Queen’s Hospital, Romford.

Labour Ilford North MP Mike Gapes said: “It’s really a matter of serious concern.

“But we should remember a lot of people get good quality care there.”
Both MPs said confidentiality agreements meant it would not be possible to get details of many individuals payouts by the trust.

A BHRUT spokeswoman said the figures were as a result of the number of people it treats, rather than levels of patient care.

She added: This trust is one of the largest and busiest in the NHS and also offers regional services such as cancer and neurosurgery.

“This, coupled with having one of the largest maternity units in England, can lead to high-cost settlements.”

source: london24.com

Medical Negligence London

Thursday 14 July 2011

Liverpool driver charged with causing death by dangerous driving after passenger killed in horror crash

A LIVERPOOL man was charged with causing death by dangerous driving over a horror crash in which a young man was killed.

In February Steven Casey, from Liverpool, was a back seat passenger in a black BMW M5 heading towards Plymouth on the A38 when the car is thought to have veered off the road in treacherous conditions.

The 21-year-old, known by friends as Ste, died in the crash while two other passenger escaped with just minor injuries.

The road was closed for nine hours as accident investigators recovered the car and collected evidence.

The alleged driver of the car was arrested at the scene and bailed until last week.

When he returned to a police station in Devon, Shaun Walker, 28, was charged with causing death by dangerous driving.

Walker, of Riverbank Road, Garston, appeared at Exeter magistrates’ court on Thursday.

During the short hearing he spoke to confirm his name, date of birth and address.

Walker was then given conditional bail while the case was sent to Exeter Crown Court.

It will next be heard on July 22.

In the aftermath of the crash, a tribute page was set up on social networking site Facebook.

Friends posted memories and music videos in memory of Steven.

source: liverpoolecho.co.uk

Liverpool Personal Injury
Merseyside Personal Injury
Passenger Claims

42% of Britons will get cancer, statistics show

New cancer statistics show that four in 10 Britons will get the disease in their lifetime, as incidence of cancers rise, says charity.

It was one of the starkest statistics about the nation's health – that one in three of us would get cancer. Sadly, the figures have just got worse. Cancer experts now believe 42% of Britons will get the disease.

Macmillan Cancer Support has revised the figure after its researchers analysed official data covering diagnosis of cancer, death from the disease and overall mortality. Of the 585,000 people who died in the UK in 2008, 246,000 of them – 42% – had been diagnosed with cancer at some point.

The one in three figure has been used by cancer experts, campaigners and ministers for a decade. It is based on the fact that research into every death in the UK in 1999 showed that 220,000 people – some 35% of the 630,000 total deaths – had previously been found to have the disease.

The new figures tally with recent research that the incidence of cancer is rising, mainly due to the UK's ageing population.

"It is alarming that the number of people who will get cancer is now well past one in three, and that there are so many more people with cancer today than even 10 years ago," said Ciaran Devane, Macmillan's chief executive.

"These figures highlight the increasing impact that cancer can have on so many of our lives," said Dr Clare Gerada, chair of the Royal College of GPs.

About 310,000 people were diagnosed with cancer in 2008, and 157,000 died from it. The number of people developing the disease is estimated to be rising by 3.2% a year because of ageing and other factors such as increasing obesity and some cancers emerging later in people's lives, after they have spent many years smoking.

The figure for the number of Britons alive who have or have had cancer at some point has recently been increased from 1.5 million to 2 million. But Devane warned that this, too, is set to rise sharply. "There are currently 2 million people living with cancer in the UK and that number is doubling to 4 million over the next 20 years. Yet no one thinks the country can afford to double its spending on cancer," Devane said.

More positively, improvements in diagnosis and treatment mean survival from some cancers is increasing, too. "Survival rates have doubled over the last 40 years, and this is one of the success stories of modern medicine," said Henry Scowcroft, Cancer Research UK's science information manager.

Gerada said: "Thanks to clinical advances and brilliant research, we are now more likely to know people living with cancer, rather than dying from it. If diagnosed early enough, cancers such as breast, skin and colon cancers are treatable, and many patients will go on to live long and healthy lives. Early diagnosis is vital, and this depends largely on patients presenting to their GPs as early as possible, and GPs having greater access to diagnostics."

GPs are working hard to improve their early diagnosis of cancer, added Gerada. Failings on that have been blamed for Britain's poor survival rates compared with other European and western countries.

source: guardian.co.uk

Cancer Claims

Boston industrial estate explosion kills five men in Lincolnshire

Five men have been killed and a sixth has been seriously injured in an explosion at an industrial estate in Lincolnshire.

Police, fire and ambulance crews were called to the Broadfield Lane Industrial Estate in Boston at about 1900 BST on Wednesday.

A Lincolnshire Police spokeswoman said she believed the men died instantly in the force of the explosion.

Police are investigating claims the men may have been brewing illegal alcohol.

A spokesman for the force appealed for anyone with information about the men and what activity was taking place at the unit to contact officers.

The sixth man was taken to Boston's Pilgrim Hospital but later transferred to the Queen's Medical Centre (QMC) in Nottingham.

Arm 'ablaze'

Nerys McGarry, from Lincolnshire Police, said it was not yet clear what had caused the blast.

"We do not have any further information about the men, their ages and where they are from but we will be making inquiries throughout the night and can give a further update in the morning," she said.

BBC Lincolnshire reporter Scott Dalton, who was at the scene, said residents in the area had seen thick, black smoke coming from the industrial estate.

"Locals have been telling me they didn't even hear an explosion or even a bang," he said.

Paul Featherstone, who lives nearby, said: "I didn't hear an explosion, I just saw the smoke.

"If the explosion didn't kill them, the smoke would have done because it was that bad. It was thick, black smoke coming through the roller doors."

He added he was told by another eyewitness that one man ran out "with his arm all ablaze".

It is understood this is the man who is now being treated at the QMC.

Steve Moore, area manager with Lincolnshire Fire and Rescue Service, said the building appeared to have been the scene "of a very hot fire with a very rapid spread".

"When the first crews attended they were faced with a really serious fire and a casualty who was outside the building suffering from burns.

"Their initial reaction was to treat the casualty. The incoming crew then started to fight the fire, it was a really hot, intense fire."

'Great tragedy'

Crews were forced to use hydraulic equipment to get into the unit.

"The intensity of the fire buckled the roller shutters and set alight a car outside," he said.

He added: "For all the firefighters I've spoken to this is the most significant loss of life in a fire that they've ever attended."

Dick Holmes, of Lincolnshire Police, said the five dead men had been killed "pretty much outright".

He described the sixth man as having been "very seriously injured".

The industrial estate was close to the town centre and made up of between 12 and 15 units that were "relatively small", he said.

Boston Central Councillor Peter Bedford described the incident as a "real shock".

"There is heavy industry in that industrial estate, there's a scrap yard, there's joinery works, it's a real mix."

Boston East councillor Mike Gilbert said: "I'm very anxious to find out exactly what's happened. It's a lot of people dead and a great tragedy."

Canon Robin Whitehead, Rector of Boston, said the incident was "extremely sad and tragic".

Broadfield Lane Industrial Estate includes a furniture store, a scrap yard, a tyre firm and a car maintenance business. The site is surrounded by houses and is close to Boston town centre.

source: bbc.co.uk

Lincolnshire Personal Injury

Wednesday 13 July 2011

A413 death crash survivor took accidental overdose

THE DRIVER who survived a horror crash on the A413 which claimed the lives of two young women died after accidentally overdosing on anti-depressants and painkillers two months later, an inquest heard.

Scott Thorn, 25, was driving his Renault Clio back from Winkers nightclub in Chalfont St Peter in November last year, when it veered across the central reservation of the A413 and ploughed into a tree, killing passengers Nicole Hithchings-Wooden and Casey Robson, both 20.

He broke his leg in the incident, and was prescribed tramadol for the pain, and was also known to be taking the anti depressant temazepam for depression following a separate incident in 2007.

An inquest into his death at West London Coroner's Court held on Friday, July 8 heard that Mr Thorn, of Northolt, was found dead at his late grandmother's home on January 19 this year.

His girlfriend, Katy Sandim, had found him unresponsive and raised the alarm. Medics were unable to revive him.

High levels of the painkiller tramadol, plus temazepan, were found in his body. Although the amounts taken in isolation were not fatal, the mix would have resulted in his death, according to coroner Lorna Tagliavini.

A the time of his death, Mr Thorn was still under police investigation for the crash at the time of his death, and the inquest into the deaths of Nicole and Casey, held last month, heard other passengers in the car say that he had been driving very quickly before the accident, and was "doing wheel spins" before the accident occurred.

After the car accident, his car caught fire, but Mr Thorn was pulled from the wreckage by coach driver David Searle.

At Friday's inquest, Mr Thorn's mother, Lorraine Charge, disputed the suggestion that her son had deliberately taken an overdose.

Ms Tagliavini said at the hearing that she was not certain that Mr Thorn had intended to take his own life, and recorded a verdict of accidental death.

source: buckinghamshireadvertiser.co.uk

Buckinghamshire Personal Injury

Passenger Claims

Widow’s asbestos warning after death of her husband

A GRIEVING widow is warning builders to protect themselves against asbestos, after an inquest ruled it caused her husband’s death.

Bolton Coroners Court heard Cyril Jennings worked with the deadly material during his career as an engineer.

He became ill in 2009 and was diagnosed with mesothelioma, cancer in the membrane that lines the lungs and chest. The disease is related to exposure to asbestos in the vast majority of cases.

Mr Jennings died at the Royal Bolton Hospital at the age of 63 on April 4 this year.

His wife, Jennifer, aged 61, speaking after the inquest said: “I don’t think people realise that asbestos kills. I implore any builder to make sure they wear protective clothing and masks.

“You just don’t know where asbestos is, it is still in buildings now.

“I don’t want this to happen to anyone else.”

The inquest heard Mr Jennings, of Churchill Drive, Little Lever, spent the majority of his working life as an engineer in laboratories at a factory in Chadderton, which became part of BAE Systems.

In a statement made before his death he described handling tubes made of asbestos in a greenhouse near where he worked, which were part of experiments with different metals.

The exposure amounted to a couple of times a week, over several years, as he helped change things over during the tests.

The post mortem examination found the cause of his death to be a blood clot, caused by the asbestosrelated cancer.

The court heard medical evidence that any cancer can make the blood thicken, making it more susceptible to clotting, which can cause sudden death when an artery becomes blocked.

Deputy coroner Alan Walsh recorded a verdict of death by industrial disease.

Mrs Jennings added: “My husband was fantastic. He was a wonderful man, a real character and such a gentleman.”

source: theboltonnews.co.uk

Asbestos Claims

NHS's bill for damages tops £1.2bn - half of it for maternity unit blunders

NHS payouts for medical blunders have reached £1.2billion over the past two years, new figures revealed today.

Almost half of the legal settlements were for mistakes on overstretched maternity units.

The revelation of the damages bill, which includes cases where patients have died through negligence and where children have been left severely disabled with brain damage, comes after a Standard investigation revealed legal action for obstetrics failings has soared by a quarter in just one year.

In the last financial year, NHS trusts across the country paid £650million in compensation. The year before, the bill came to £564million.

In London, the damages for clinical negligence came to £126million, a third higher than last year's costs.

The figures released by the NHS Litigation Authority also show legal payouts by hospital trusts in the capital soared by 40 per cent in one year to £118million.

Barking, Havering & Redbridge University Hospitals NHS Trust, which is being investigated by NHS watchdog the Care Quality Commission after fears over patient safety, paid out £11million, the highest among trusts in London.

Imperial College Healthcare NHS Trust, which runs five major London hospitals including St Mary's in Paddington, paid £10.7million.

Geoff Martin, chairman of campaign group Health Emergency, said that as the Government's reforms are pushed through litigation costs will "continue to spiral".

"These figures are reflective of problems the service has suffered due to a series of cutbacks and under the reforms things are likely to get a lot worse," he said.

"We are already desperately short of staff and will continue to be under the plans. Staff shortages then leads to mistakes being made. It's a vicious circle. Every pound we lose in litigation is a pound that could have been spent on providing better health care."

A senior source at NHS London said: "There are a number of reasons why claims may have risen. Some payments are historical and relate to cases a few years old; also payments today are often much larger than in the past due to the rising costs of treatment."

A spokeswoman from Barking, Havering and Redbridge said: "The trust is one of the largest and busiest in the NHS. This, coupled with having one of the largest maternity units in England, can lead to high-cost settlements."

A spokeswoman at Imperial said it "deals with complex cases referred from other trusts in the country such as maternity and vascular surgery, as well as major trauma, and many of these are high risk patients undergoing high risk procedures".

Case Study: Midwife's error made Theo a quadriplegic

Theo Kramer is almost completely paralysed, cannot speak and has up to 40 seizures a day after he was starved of oxygen while his mother was in labour.

The nine-year-old, who needs round-the-clock care, this year won a lump sum of £2.75 million from Barnet and Chase Farm Hospitals NHS Trust and will receive £235,000 every year until he is 19, and £275,000 every year after that.

Theo was delivered unconscious after a student midwife at the Edgware Birth Centre, in Burnt Oak, failed to monitor his heart rate properly before he was born in April 2002. He spent the next three weeks in intensive care.

His parents, Earnie and Janet from Welwyn Garden City, were later told he had cerebral palsy and quadriplegia. He also suffers from drug-resistant epilepsy.


Highest payouts

Barking, Havering & Redbridge University Hospitals NHS Trust £11 million

Imperial College Healthcare NHS Trust £10.7 million

Barnet and Chase Farm Hospitals NHS Trust £8 million

Kings College Hospital NHS Foundation Trust £7 million

Lewisham Hospital NHS Trust £6.9 million

source: thisislindon.co.uk

Birth Injury Claims

Tuesday 12 July 2011

Teenager taken to hospital after Dorchester crash

A TEENAGE moped rider crashed after thieves tried to pull out telephone cabling from the ground by a road outside Dorchester.

The 17-year-old was taken to hospital but escaped with minor injuries after the crash on the B3147 between the Grove BP petrol station and the Wears roundabout in the early hours of yesterday morning.

Police say the incident follows a series of attempted thefts of phone cables from criminals trying to capitalise on the high price of copper.

Deputy Inspector Steve Foot, of Dorchester Police, said the latest attempt could have had even more serious consequences after the 17-year-old moped rider is believed to have gone over cabling that had been dug up and left in the road.

He said: “It looks like he’s collided with some BT cabling.

“Thieves have tried to steal the cabling and they’ve opened up a couple of pits and tried to work it out.

“Our understanding is because the cables have been pulled out the ground it was obstructing the highway.”

A police spokesman said the moped rider was taken to Dorset County Hospital but suffered only minor injuries.

Deputy Inspector Foot said: “It could have been a lot worse, he was very lucky really because there were no other vehicles involved.

“It there had been he might not have been so lucky.”

Deputy Inspector Foot said it was the fifth time in recent weeks that BT cabling had been lifted from the ground.

There have also been thefts of cabling on the Ridgeway, two on the A37 north of Dorchester and one on the Dorchester bypass between Monkey’s Jump roundabout and the football stadium roundabout.

Deputy Inspector Foot said: “We need to send out a message to the public that when they do see something not to hesitate in calling us.

“It seems like the people who are stealing the cabling can look very professional with fluorescent tabards and such like and people generally wouldn’t give it a second thought.

“The cost of copper at the moment is sky high and most BT cabling is copper so that’s why it’s being pulled from the ground.”

PC Jeremy Cuff said the latest theft also caused disruptions to phone lines of residents in Stratton and is appealing for witnesses to any of the thefts to contact Dorset Police on 01305 222222.

A BT spokesman said a few residents had lost their connection, with 18 reported cases by yesterday lunchtime.

He added: “The scale of the work that is needed to repair the damage that has been caused is going to take a few days.”

source: dorsetecho.co.uk

Dorset Personal Injury

Three injured in A27 skip lorry collision near Brighton

Three people have been injured, two seriously, after an accident involving a van and a skip lorry near Brighton.

Fire crews had to use cutting equipment to free the driver of the van on the westbound carriageway of the A27 between Falmer and Hollingbury.

A man, believed to have also been in the van, had to be rescued from underneath the skip lorry.

The accident, which happened at about 0715 BST, is causing major traffic congestion.

The westbound lane of the A27 is closed at A270 Lewes Road with a diversion at Stanmer Park.

The eastbound lane was closed near the scene for about 45 minutes while the air ambulance landed to take a man, believed to be in his early 50s, from the white van to hospital in London.

His condition is serious but stable.

The man rescued from under the skip lorry was taken to the Royal Sussex County Hospital at Brighton where his condition is described as critical but stable. Both men are from Bexhill.

The driver of the skip lorry received minor injuries and is also being treated at the Royal Sussex County Hospital.

Sussex Police are appealing for witnesses who may have seen a white van going very slowly or which had broken down.

source: bbc.co.uk

Car Accident Claims

Latest fire caused by Chinese sky lanterns increases calls for a ban

Anne-Marie Cobb, 40, and her children Samuel, eight, and Amelia, six, were asleep when the lit paper lantern landed on top of their family home.

A fire quickly took hold in the timber frame house, lighting up the insulation in the roof and spreading to within two feet from where the youngest child was sleeping.

Fortunately a neighbour spotted the flames, dialled 999 and helped evacuate the family.

The fire is the latest dangerous incident involving Chinese sky lanterns, which are increasingly released at weddings and other celebrations. Farmers groups and fire service chiefs have urged people to use them with caution.

The ancient Chinese decorations, which are supposed to bring good luck, first became popular in Britain a couple of years ago among tourists who had enjoyed their beauty on holiday to the Far East.

Exporters started bringing the lanterns to Britain and they are now sold in shops across country for £2 to £5, with more than 100,000 sold last year.

The paper balloons, which can float up to a mile into the air when the candle-like fuel cell is lit, are constructed with metal wire.

The idea is that the fire will go out by the time the lanterns come back to earth, but they often come down when the lantern is still burning.

Brigades across the country have been called out 100 times in the past two years to put out fires caused by the lanterns.

The latest incidence in Trowbridge, Wiltshire sparked fears the lanterns could cause injury in future.

A fire broke out in the extention of the semi-detached house, worth around £200,000. The whole of the wooden extension, used as a conservatory, was destroyed though the damage to the house itself was minimal.

Mrs Cobb said she was lucky no one was hurt when the lantern crashed into the rear of her property.

"It was well alight. I have a fire extinguisher but there was no way I could put it out, it was a big blaze. It's not a good feeling standing watching your house burning.

"I was just thinking how lucky we were. Because it was the rear of the property I don't think anyone else would have seen it," she said.

"I want to say thank you to my neighbours and to the firefighters. It could have been a lot worse and we were very lucky."

Glyn Moody, Trowbridge fire station manager, called on people to be more careful about releasing sky lanterns.

Although there are no restrictions in place in Britain, fire brigades have issued advice on releasing them. They say the lamps should only be released in still conditions and away from any homes or other obstacles. The lamps are only allowed to be released under controlled circumstances in Austria and Germany

"They were extremely lucky. Chinese lanterns are very attractive when flying, but we would urge people to think twice before lighting them in residential areas. there is a real risk."

The National Farmers Union want the lanterns banned after several crops were ruined by fire.

There is also a risk to livestock eating a piece of a lantern’s wire frame and rupturing the stomach and both cows and horses have been injured or killed.

Concerns have also been raised by RNLI, which has reported a large increase in the number of call-outs after the lights from lanterns were mistaken for distress flares.

The Aviation industry is also keeping an eye on the situation. East Midlands and Manchester airports have warned against launching Chinese lanterns beneath its flight paths, claiming they could get sucked into plane engines.

source: telegraph.co.uk

Personal Injury Claims

Evan’s steps of inspiration

Schoolboy Evan Whitton is well on his way to reaching a century – of footsteps.

Evan, six, who suffers from cerebral palsy, had an operation earlier this year at the St Louis Children's Hospital that aims to cure his spastic diplegia, allowing him to walk unaided.

This week Evan proudly told of how he can now walk 96 steps unaided.

Mum Lynda, of Silsden, said: “I walk backwards with my arms out and Evan walks towards me. I say he has done 100 steps but he tells me it is 96.

“He does this without any splints on his legs. They have now gone for good.

“The wonderful thing is that this week he has been measured up for his first pair of proper ordinary shoes. It is fantastic.”

Evan was with his mum and Dad Andrew, older sister Maya and younger brother, at a presentation in the Airedale shopping centre, Keighley, to receive their ‘Family Of The Year’ award from Malcolm Hoddy, editor of the Keighley News.

The paper backed the event in conjunction with the shopping centre to find Keighley’s ‘most truly inspirational family’ to coincide with National Family Week.

Five finalists were selected and the winner was chosen by a telephone and text vote.

Mr Hoddy said: “What a great family the Whittons are. As for Evan he is inspirational and has every right to be proud of himself.”

source: keighleynews.co.uk

Cerebral Palsy Claims

Launch of Lancashire surgery charity

A charity to help people left with physical or psychological scars due to medical negligence officially launched yesterday in memory of footballer’s wife Denise Hendry, who died following botched cosmetic surgery.


Denise’s daughter, Rheagan Hendry, 21, of Kirkham, near Preston, has formed the Denise Hendry Foundation to help with after care and support for those who have been left with problems after surgery.

The official launch of The Denise Hendry Foundation was held on the second anniversary of Denise’s death.

Up to 270 people attended the event, which included a lunch and afternoon of entertainment.

The launch was held in The Pavilion Marquee at The Villa, Wrea Green, near Preston and coincided with the final of the Miss Natural Northwest Beauty contest.

For more information on the charity visit www.denisehendryfoundation.com or www.missnaturalnorthwest.com

source: lep.co.uk

Surgical Claims

Thursday 7 July 2011

Woman wins Broxtowe pavement fall battle

A Nottingham woman who had to spend 11 days in hospital after tripping over a paving brick has won the right to a compensation payout.

Karen Dalton, who was 49 at the time of the fall in October 2006, suffered a spiral thigh fracture when she tripped while walking through Beeston Square.

Broxtowe Borough Council claimed it was not in the public interest to pay compensation to Mrs Dalton.

On Wednesday, three London Appeal Court judges dismissed the council's claims.

The court heard how Mrs Dalton walked through a pedestrianised square near Broxtowe Town Hall when she fell over the "loose, raised and wobbling" brick, resulting in a leg injury which required her to undergo surgery.

In June 2010, Mr Justice Hamblen found Broxtowe Borough Council fully liable for the accident but the authority was unhappy with the result and challenged the ruling in the Court of Appeal.

The council's barrister, Geoffrey Brown, argued the judge had placed "a near impossible burden of inspection and maintenance on the hard-pressed council and had failed to properly balance the public interest against Mrs Dalton's private interest".

'Dangerous' paving

Speaking at London's Civil Appeal Court, Lord Justice Tomlinson said: "We accept that highway authorities are not guarantors of public safety and that they are rightly sensitive to attempts to impose upon them, and thus upon their hard-pressed council tax payers, a standard of inspection and maintenance which is unrealistic or disproportionate."

However, he added: "We have no doubt that the condition of the [paving] block on 20 October 2006 was dangerous in the sense that, in the ordinary course of human affairs, danger may reasonably have been anticipated from the continued use of that area by the public."

The amount of compensation Mrs Dalton is entitled to must be assessed at another court hearing, unless the council decides to settle out of court.

In a statement, the council said: "Broxtowe Borough Council accepts the court's decision and would like to express its sympathy to Mrs Dalton for any suffering caused."

source: bbc.co.uk

Nottinghamshire Personal Injury

Thomas scores in world cup match

Young footballer Thomas Brown scored for Scotland when he took part in the Cerebral Palsy World Championships.


The 15-year-old player from Corby was selected for the squad which took part in the tournament in Holland.

And although Scotland may have missed out on glory, finishing sixth after losing 3-1 to the Netherlands in their final match, the tournament filled Thomas and his family with pride. In a game against Brazil, which Scotland eventually lost 4-1, Thomas scored in the first five minutes putting his side ahead.

His dad Tam, of Lynton Grove, Corby, said: “It was a marvellous moment. To see Thomas score for Scotland in the world cup game was a real honour. He was the youngest player ever to take part in the tournament and we were all very proud of him.”

Mr Brown, his wife Catrina and Thomas’ brothers Cameron, 13, Tearlach, four and Carrick, 10 months, travelled to Holland to cheer on the young footballer.

The family returned on Saturday and now, after his world cup success, the Uppingham Community College pupil has his sights on being picked for the Scottish paralympics team.

Thomas made his debut with the senior Scottish cerebral palsy squad earlier this year, playing against Ireland in Dublin.

To help towards the cost of travel to training sessions a fundraising disco is being held at the Rangers Club in Rockingham Road, Corby, on Friday, July 29, starting at 7.30pm. Tickets are £5 and are available from the club.

Anyone who can donate raffle prizes is asked to contact Mrs Brown on 07892454356.

source: northantset.co.uk

Cerebral Palsy Claims

Northamptonshire Claims

NHS 'above the law' in legal aid reforms

The government is putting the NHS ‘above the law’ with its proposed legal aid reforms and changes to the ‘no win, no fee’ arrangements, the Gazette has been told.

Paul Rumley, clinical negligence partner at Withy King’s Swindon office, said the legal aid cuts and reform of conditional fee arrangements (CFAs) will make it impossible for patients injured through clinical negligence at the hands of the NHS to seek redress.

Without legal aid, clients would need to use CFAs, but law firms will not be able to risk the huge upfront costs needed to bring clinical negligence cases under a CFA, Rumley said.

Rumley said there is a ‘major conflict of interest’ for the government, which funds the NHS, to bring in reforms that will reduce the number of claims brought against the body.

‘By making it impossible for all but the wealthiest patients to sue the NHS by withdrawing public funding, the government is in effect putting itself and the NHS above the law,’ he said.

‘The government has said it will protect the most vulnerable in society, but its reforms will deny access to justice for some of the most vulnerable.’

He called on ministers to retain legal aid for clinical negligence cases affecting children, for all who lack capacity and for the relatives of patients who have died due to NHS mistakes.

A Ministry of Justice spokesman said it is important that victims of clinical negligence have access to legal representation in order to claim compensation.

He said the government is aware of concerns in relation to the funding of expert reports in such cases, and is discussing with the NHS Litigation Authority how joint reports could be commissioned.

‘For those cases where a joint report cannot be commissioned, the government proposes having tightly drawn powers which allow after-the-event insurance premiums to be recovered in clinical negligence cases,’ he said.

source: lawgazette.co.uk

Withy King Solicitors

Wednesday 6 July 2011

Dock worker William Shaw's death linked to asbestosis

A FORMER docks worker died from asbestos exposure, an inquest heard.

William Shaw, 77, was diagnosed with asbestosis in 2003 after he began to suffer from breathing difficulties.

The nursing home resident, of Portswood, Southampton, came to England from Northern Ireland to join the Navy.

He worked for Ford before working in Southampton docks for vessels including Union Castle boats, where he was exposed to the deadly fibres.

Southampton coroner Keith Wiseman recorded a verdict of death by industrial disease

source: dailyecho.co.uk

Asbestos Claims

£37,000 paid out to pupils injured at North Lincolnshire schools

MORE than £37,000 has been paid out to North Lincolnshire pupils injured in the region's schools over the past three years.

Over that time, a total of nine successful claims have been made.
Figures released under the Freedom of Information Act show that £37,195 has been awarded to pupils since 2008/09.

The total is more than double that of North East Lincolnshire, where nearly £17,000 was claimed over the same period, and almost twice as much as the £20,723 Lincolnshire County Council paid out.

In North Lincolnshire, the biggest claim came in 2008/09 when a pupil was awarded £7,500 following ligament damage. The cause has not been revealed

This year, education bosses have already shelled out £5,000 after a pupil trapped their fingers.

Andrew Percy, the Brigg MP and a former teacher, said the claim culture was impacting on school activities.

"What we're getting into with this claim culture is that now schools won't go on school trips or get into activities they would have done 20 years ago because now they're afraid of litigation," he said.

"We need to restore a bit of balance to the whole system.

"Some of these cases will doubtless be legitimate and laudable claims but we do have a bit of a compensation culture here where people can't seem to accept that accidents happen."

North Lincolnshire Council refused to comment on the figures.

Ben Lawrence, head teacher at Frederick Gough School, said he was "astonished" by the claims.

He said: "It ties in very nicely with the Government's announcement that they are going to make health and safety paperwork easier for school trips.

"Because if you're paying out £1,500 for a splinter, you can make the rules more common sense.

"I'm astonished and shocked.

"It's worrying because accidents happen in schools. They will do. There are doors in schools and, like kids get their fingers trapped in doors at home, they will get their fingers trapped in doors at school.

"If you don't have doors then will someone sue us if there's a fire and we haven't got enough doors to control it?"

Ken Rustidge, NUT executive member for North Lincolnshire, said the real issue was health and safety in schools.

"Schools should be safe places and from what I've seen the movement is going in entirely the wrong direction," he said.

"It's far better to make buildings safe. If you've got all the health and safety in place then there shouldn't be any need for claims."

Other successful compensation claims include £4,500 for a pupil who hurt a finger, and £4,000 for a fractured wrist.

source: thisis lincolnshire.co.uk

Lincolnshire Personal Injury

Monday 4 July 2011

Man is arrested after police probe road accident

A MURDER investigation has been launched after a woman was discovered dead in a crashed van.

The grim discovery was made following reports of an incident involving the vehicle in a rural location.

Detectives from Devon and Cornwall's major crime team have been drafted in to investigate.

The woman, who was a passenger in the vehicle, is believed to have died some time before the collision.

The male driver of the Fiesta van has been arrested on suspicion of murder and was last night being questioned by officers at Heavitree Road police station, in Exeter.

The crash happened at around 10am yesterday.

Officers were alerted to the incident by members of the public.

The Fiesta van collided with a hedge on the A386 close to Hatherleigh, near Okehampton.

The woman is believed to be from the Hatherleigh area.

Former councillor for Hatherleigh Dennis Bater said she would be well known in the community.

"I heard that local firemen who were called out to the crash found the woman was dead and that she had died a long time before the accident," Mr Bater said.

"They had to leave the woman for body recovery – it must have been pretty obvious to the firefighters that she hadn't just died.

"The police helicopter has been circling around for a while.

"If the woman is from Hatherleigh, I probably know her as I know most people in the area – it's that kind of place.

"It won't be long before people start talking names."

He added: "At one time, this would have been a tremendous tragedy but these days nothing surprises me anymore."

Police closed the road between the junction with Jacobstowe and the road which leads towards Crediton while investigations were carried out, not far from South Langabeare Farm.

A spokesman for Devon and Cornwall Police said: "A 54-year-old man, local to the Hatherleigh area, has been arrested on suspicion of murder and is currently in police custody."

Anyone who has any information regarding the incident is asked to contact the police on 08452 777444.

source: thisisnorthdevon.co.uk

Devon Claims

Accident causes A36 delays

AN accident involving four vehicles caused delays on Southampton Road in Salisbury this morning.

There was s four-vehicle shunt on the A36 by the entrance to Wiltshire College Salisbury’s car park at 8.15am.

One person was stuck in the car due to a problem with their central locking and had to be cut out by the fire brigade and one woman suffered a small cut to her head.

All the emergency services attended but the road was cleared by 9.47am.

source: salisburyjournal.co.uk

Wiltshire Claims

Make safety top priority for a safe harvest

Continuing high numbers of death and serious injuries on farms have led leading rural insurer NFU Mutual to call for farmers and smallholders to take extreme care through this year’s harvest.

“There were more than 40 people killed last year in agricultural accidents and with harvest often the most stressful time of the year for both workforce and machinery, close attention to safety is essential,” said NFU Mutual farm safety specialist Clive Harris.

“Our experience dealing with farm accident claims clearly shows that it’s crucial to make safety top priority for all harvesting operations to avoid accidents which can cause injuries and death - as well as the emotional trauma experienced by all involved”

With the start to this year’s harvest now only a few weeks away, Clive runs through preparations which can help prevent harvest accidents and fires.

Pre-harvest checks · Good preparation, a thorough check-over in conjunction with the normal regular maintenance will minimise mechanical breakdowns and failures. It is quite common for extensive rodent damage to be detected the day the machine is first started-up after being stored.

· Tractors and trailers should be thoroughly checked to ensure they are up to the rigours of harvesting and are roadworthy with particular attention to signals, lights, efficiency of brakes and wear on links, pins and couplings. The BAGMA scheme provides a good code of practice to use as a basis for machinery maintenance.

· Check fire extinguishers are of the correct type, fully charged and in good working order.

· Provide regular and casual harvest staff with training on the correct use of machinery – with particular attention to hazards such as overhead power lines, yard operations and steep slopes.

· Check that field entrances are not obscured, for example by overgrown hedges or long grass.

· NFU Mutual Risk Management Services offers a full range of risk management services to help farmers identify and minimise the risks to their businesses and comply with legislation.

During Harvest · You can never overdo cleaning out dust and chaff from hot spots. This is just as important in difficult weather when dusty crops can lead to high build-ups of debris.

· Resist the urge to keep going when temperature gauges are ‘in the red’ or warning devices are alerting the operator to a problem or fault.

· While clearing blockages or carrying out maintenance ensure machines are switched off and parts have stopped moving – taking short cuts still leads to horrific injuries and deaths.

· Make sure drivers are aware of the locations and heights of power lines and check that the machinery will safely pass under wires and restrictions.

· In very dry conditions, keep a sprayer filled with water on hand attached to a tractor to lay a fire break in the event of a crop fire.

In the yard · Instruct drivers to keep to safe speeds in the grain yard · Check signs are in place to help lorry drivers go to the right place, and alert members of the public to any potential hazards · Ensure children are kept away from working areas · Clean dust regularly from grain dryers – and ensure that all staff running the drier are fully trained and know what to do if fire breaks out.

· Ensure fire extinguishers are readily accessible for all.

· Make sure ladders and platforms used for maintenance are up to the job and a safe system of work is in operation.

“Trailer towing eyes are a classic example of a worn machinery part which can fail causing serious damage and injury with fatal consequences if not professionally replaced when worn,” he said.

“There appears to be an increase in the number of worn tow eyes which have failed when trailers are fully loaded. This can lead to the trailer tipping backwards and the drawbar penetrating the tractor cab with the driver at risk.”

source: smallholder.co.uk

Machinery Claims