Barcan Woodward
Breaking News
New Fight for Barcan Woodward Client
"…Lawyers for the NHS are fighting a compensation order made on behalf of a Bristol boy who was left severely disabled following errors during his birth.
The seven-year-old boy, who cannot be named for legal reasons, developed cerebral palsy after he was starved of oxygen during labour at St Michael‘s Hospital, and last month his family was granted damages that will work out at around £4.7 million.
Now the law team that acts for health trusts is appealing against the way payments would be made to the family…." (Evening Post 21st February 2008)
To see the full story and to read the comments of Richard Barcan who acts for the boy in this landmark case please follow the link below:
Barcan Woodward support Action Medical Research Charity
The pioneering research funded by Action Medical Research has resulted in many important breakthroughs, such as the recent development of a new form of treatment for those suffering from epilepsy and a new device to track the heart rate of the unborn child while in the mother‘s womb.
Research carried out in Bristol includes finding answers to osteoporosis, MRSA, hydrocephalus, feeding problems in premature babies and developing a seat for severely disabled children.
Action Medical Research is a national charity, which is dedicated to building a healthier future for everyone. The charity has been supporting and funding medical breakthroughs for more than 50 years and its life-saving work benefits babies, children and adults.
For further details about the Charity or the event please choose one of the followitn links:
http://www.action.org.uk/get_involved/action100/action100_news.php
Bristol boy wins Court of Appeal Damages Test Case - Victory
for another Barcan Woodward Client.
Bristol, 17th January 2008:
A 7yr old Bristol boy with severe cerebral palsy
as a result of admitted medical negligence at the time of his birth has today
won a landmark test case which will have a dramatic effect on the quality of
his life and that of every other critically injured victim of negligence from now on.
The boy (who can not be named for legal reasons) won damages conventionally worth
£4.7 million back in February 2007 after United Bristol Healthcare NHS Trust had
eventually admitted negligence some time after his mother made a claim on his
behalf. However, under new powers given to the Court it was decided that part
of his money should be paid in a lump sum and the rest by annual payments for
the rest of his life.
The huge advantage of having part of the money by way of “periodical payments”
is that there is no risk of it running out if he lives beyond his statistical
estimated life expectancy. However, this only applies if the annual payments
are properly inflation proofed. At a Trial in the High Court in London last
summer the Judge decided that the proper way to inflation proof the annual
payments was by linking them to the increase in wages, rather than the RPI
(an index of the prices of goods in the shops).
However the Health Trust disagreed and appealed to the Court of Appeal on a
number of grounds saying that the annual payments should be linked to the RPI.
Today the Court of Appeal in London have ruled that the Judge was quite right
and that an earnings index should be used.
This ruling has enormous implications. Had it not been made, the probability
is that the money would not have been enough to provide the huge amount of
care that he is going to need for the rest of his life. In this particular
case it was estimated that over his estimated lifespan, depending on the annual
rate of inflation, the money could have fallen short by over £1.2 million.
The boy‘s family can now be secure in the knowledge that the money should be
sufficient to look after him properly for the rest of his life and the ruling
will apply to all other people with large compensation claims.
The Court of Appeal has refused permission to the NHS to take the case to the
House of Lords
For further information, call Richard Barcan on 0117 925 8080 or email
rab@barcanwoodward.co.uk
Issued by Barcan WoodAward, Solicitors, King William House, 13 Queen Square,
Bristol BS1 4NT,
Please click on the following link to what the local press said about the case:
Free legal advice
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Whiplash Injury results in damages of £1.85 million
Believed highest award recovered in England for whiplash injury.We recovered £1.85 million for our client in this case, who was 44years old at the time of her road traffic accident.
Her injuries caused intrusive neck and back pain, vestibular dysfunction causing nausea, dizziness and cognitive problems, and fatigue.
The Claimant consulted us after she was dissatisfied at the way the firm she had originally instructed were handling her claim. We took it over and carried out a detailed investigation of what the Claimant‘s injuries were and how this had affected her life.
Once all the information was to hand we arranged a meeting with the Defendant‘s legal team and we were able to negotiate a settlement for our client. In this case, as is usually the case, we could settle the
matter without the client having to go to court.
Free legal advice
Please telephone us with any questions you may have. This will not cost you anything and if we think we can help you further we can arrange, if appropriate, a free initial interview.
You can e-mail us your questions using our e-mail enquiry form by clicking here.
If you wish to send us any attachments please click here which will bring up your computer‘s e-mail screen.