Published in Lawtel August 2019
|AF v (1) PINNACLE PSG LTD (2) HOMERTON UNIVERSITY HOSPITAL NHS FOUNDATION TRUST (2018)|
The claimant, a 29-year-old man, received a lump sum of £2,640,000 and periodical payments of £53,035 per annum after he tripped on a pavement in February 2008 and sustained ruptured quadriceps tendons which were not diagnosed for seven months. Attempts to repair the injuries were unsuccessful and he was left permanently disabled and reliant on a zimmer frame or wheelchair to mobilise.
Occupiers’ Liability; Clinical Negligence: On 22 February 2008 the claimant (C) tripped on a defective pavement maintained by the first defendant (D1). C fell on to his knees. An ambulance took him to a hospital of the second defendant trust (D2) where he was examined, given a splint and crutches, told to take painkillers and was discharged and told to return a week later.
C experienced ongoing pain. In September 2008 he underwent an MRI scan and it was discovered that he had ruptured the quadriceps tendons in both knees. Such an injury normally required surgical repair within 48 hours to limit the severity of the permanent effects.
C sustained injury and brought an action against D1 alleging that it was negligent in failing to maintain the paving to an acceptable standard.
C sustained injury and brought an action against D2 alleging that it was negligent in failing to diagnose the ruptured tendons and repair the injury within 48 hours.
Liability admitted. The matter was settled on the basis that causation was not an issue.
Injuries: C sustained bilateral quadriceps tendon ruptures which were undiagnosed for seven months.
Total injury duration: permanent
Effects: The attempts to repair C’s ruptured tendons were unsuccessful.
C was rehabilitated and received physiotherapy. However, he was unable to mobilise independently and instead mobilised using a zimmer frame or a wheelchair. He was completely dependent on family members at home and was unable to leave the house unsupervised.
At the time of the accident C had been studying at university for a HND in computing and was no longer able to proceed with this following the accident due to both physical and psychological limitations caused by his injuries.
Prognosis: C’s condition was permanent.
Out of Court Settlement: £2,640,000 lump sum and periodical payments of £53,035 per annum for the remainder of the claimant’s life.
Background to damages: The periodical payments were index linked to ASHE 6115 80th centile.
The matter was settled on a global basis at a Joint Settlement Meeting with no specific apportionment regarding liability and causation being confirmed.
Breakdown of General Damages: Pain, suffering and loss of amenity: £150,000.
Simmons v Castle  EWCA Civ 1288 10 per cent uplift: applied.
Richard A Hartley QC and Lee Nowland instructed by Express Solicitors Ltd (Manchester) for the claimant.
This Quantum Report was provided courtesy of Daniel Slade of Express Solicitors Ltd, solicitors for the claimant.
Document No. AM0203529