Summary of Recent Cases – Substantive Law


DAMAGES

Claimant Awarded General Damages Of £235,000 For Pain, Suffering and Loss of Amenity In Respect Of Brain Damage

Whiten v. St George’s Healthcare NHS Trust, QBD, 5/08/11

Swift J awarded the claimant general damages for pain, suffering and loss of amenity in the sum of £235,000 in respect of personal injuries sustained as a result of the defendant’s negligent management of his mother’s labour and his subsequent birth. In particular, the claimant had sustained very severe brain damage which had a consequential profound effect on his everyday life. However, as the claimant lacked any significant degree of insight into his condition, Swift J held that his injuries would not attract an award at the higher end of the relevant bracket of the JSB Guidelines. Significant damages of £5,685,500 were awarded in respect of future losses.

September 19, 2011 · Editorial Team · Comments Closed
Posted in: Cases