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120k compensation awarded to pensioner in an asbestos related cancer claim

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A six-figure sum of personal injury compensation has been awarded to a pensioner after his asbestos related industrial disease claim was upheld by the Court of Appeal.

David Chandler took legal action against Cape Building Products in 2007 after claiming he was exposed to asbestos during his two years working for the construction firm's sister company Uxbridge Flint Brick (UFB) from 1959 to 1961.
The 71-year-old had been diagnosed with asbestosis and the High Court originally awarded him £120,000 in damages, but the award was challenged by Cape Building Products on the grounds that it was not responsible as it was only UFB's parent company.

As a result, Mr Chandler’s compensation award was withheld, but Lady Justice Arden has now ruled Mr Chandler is entitled to his full damages sum after it emerged UFB had an insurance policy in place at the time that included an asbestos exclusion clause.

Mr Chandler now hopes the money will help his family be financially-secure.

Family of mesothelioma sufferer receives compensation from J P Morgan

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The family of a maintenance worker who died from a terminal cancer, mesothelioma, recently succeeded in their claim against his former employer following his extensive asbestos exposure in the workplace in the mid-70s.

The bank employee was subjected to truly awful working conditions when working at the Chase Manhattan Bank (now a part of the J P Morgan Group) in Moorgate. He was required to saw asbestos boards which released extensive quantities of dust which he inhaled. No protection was offered, and one of his work colleagues even resorted to using a handkerchief around his face which offered no protection against the harmful asbestos fibres.

Following the shock of his terminal diagnosis, he instructed specialist mesothelioma solicitors to bring an urgent claim against J P Morgan. . Unfortunately, the former Bank employee’s condition rapidly deteriorated .Shortly after instructing his solicitors he sadly passed away and his family continued the claim. In his last days, he was treated at St Joseph’s Hospice

J P Morgan admitted liability and following negotiation, the claim settled for £75,000.

The Industrial disease claims lawyer who represented the former bank employee said the vast numbers of deaths and injury which have resulted could have been avoided or at least the risk minimised by taking a few steps. As a consequence, many individuals have endured truly arduous suffering from a disease that causes incredibly painful symptoms. Not only does this affect the sufferer, but also the family.

Birth injury claims could cost NHS £235m in Compensation

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A recent report has revealed that the NHS could be liable for around £235m in medical negligence compensation as a result of blunders which leave newborn babies with brain injuries.

It was reported that a total of £235.4 million has been set aside by the NHS Litigation Authority (NHSLA) to settle 60 claims which came about as a result of staff failing to notice that newborns had dangerously low blood sugar levels.

In the last decade in England the NHSLA has received 79 claims for compensation relating to undetected or untreated low blood sugar levels in newborns.

Out of those cases 19 settlements ranging from £300,000 to more than £7 million have been paid out while another 19 cases were closed with no compensation.

Campaigners argue that these new figures highlight that maternity ward workers need to improve their monitoring of blood sugar levels when babies are born.

The £235.4 million figure represents the total of the 19 settled cases and potentially £166.1 million for the 41 outstanding claims for medical negligence compensation.

M5 coach crash survivors to claim personal injury compensation

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Some of the survivors of the M5 coach crash that occurred last month have already contacted Personal injury solicitors to claim personal injury compensation.

The accident happened at 6:00am on 24th March 2012 near Halesowen. The fruit packers were on their way to work in Evesham when a lorry crashed into their stationary coach. A 35-year old passenger from Smethwick died in the accident and the 65-year-old lorry driver died later in hospital.

Apparently the coach had broken down on the motorway about 12 minutes before the accident occurred. The coach driver was later arrested on suspicion of causing death by dangerous driving.

35 fruit packers survived the horrific crash and despite fearing that they could be sacked if they made personal injury claims, they have decided to make the claims for compensation anyway.

One of the lawyers who will be representing the victims explained that a worrying picture is starting to emerge surrounding the accident. He said he was aware that some of the workers did not want to come forward for fear of losing their jobs, but he wanted to reassure them that their employment rights would be protected.

Leicester City Council Faces £70,000 Claim Over Safety Sign Injury

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Leicester City council faces having to pay out thousands of pounds in compensation after a park warden fell and injured himself.

The Council worker was putting up health and safety signs when he slipped and hurt his back, neck, wrist and arms while putting up notices warning the public to be careful in the ice and snow.

The incident happened in January 2010, but was only recently revealed after council documents were made public.

Following the accident, the council worker made a claim for compensation and the authority agreed to settle the case out of court, after admitting the accident could have been prevented.

The final amount of compensation is yet to be determined but £70,000 has been set aside to compensate the unnamed warden and cover legal fees.

The council has now ordered 150 pairs of special slip-on shoe soles with studs for winter weather, costing £13 each, to avoid similar injuries to outdoor workers in future.

Sir Peter Soulsby, the Mayor of Leicester, said the council must takes its responsibilities to staff and members of the public seriously, while not going health and safety mad.

A city council spokesman said: "We assess risks and take action to prevent claims being made against the council, and to prevent injury to members of the public and our staff."

Reading woman makes claim on behalf of brain damaged husband

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A woman from Reading has instructed personal injury solicitors to make a medical negligence claim on behalf of her husband after he sustained brain damage from a surgical procedure.

Frank Llewellyn, from Lower Earley was admitted to Oxford’s John Radcliffe Hospital for an operation to remove a portion of his tongue due to cancer. However, after the procedure, Mr Llewellyn’s neck began to swell, causing him to have difficulty breathing and to develop a cough, and in the end he suffered a heart attack.

As a result of Mr Llewellyn’s rapid deterioration, a consultant surgeon performed an emergency tracheotomy to save Mr Llewellyn’s life and allow him to breath. However, the incident left him with brain damage. He was then transferred to a specialised nursing home in order to undergo rehabilitation.

Mr Llewellyn’s wife, Lynn, has brought a compensation claim against the NHS Trust on the grounds that medical staff diagnosed her husband’s neck swelling incorrectly. Mr Llewellyn’s wife claims, it is the misdiagnosis that caused the airway obstruction that led to his brain damage. The NHS Trust has admitted to breaching its duty to Mr Llewellyn; neither side has yet to agree to a compensation amount to be paid.

In related medical negligence cases, compensation payouts can be in the six to seven figures for long-lasting, debilitating injuries such as brain damage. If Mr Llewellyn will need continuous care for the rest of his life, his compensation payments will go up accordingly.

Asbestos Compensation Ruling Opens the Door to Higher Payouts for Elderly Victims

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In a recent High Court ruling, Dennis Ball received an asbestos compensation settlement that was £15,000 higher than the recommended figure.

In the landmark ruling, the 92 year old man received £50,000 in asbestos compensation after he developed cancer as a result of exposure to asbestos when working for the National Coal Board and British Coal Corporation.

The judgement was contrary to legal guidelines that recommended a pay out of £35,000 when a victim was of an age that meant the duration of pain and suffering was relatively short.

In the High Court judgement, the Judge said that “A person of any age who is informed that his or her life will be cut short by the effect of a harmful substance to which he or she has been wrongfully exposed is likely to suffer a good deal of distress.”

“Even if a deceased’s death has in the event been relatively peaceful, he or she will have been fearful since being told of the diagnosis of mesothelioma that a painful and distressing end lies in store.”

The defendant in the case, the Secretary of State for Energy and Climate Change, had argued that, because Mr Ball was 92 and only had a short life expectancy, the amount of asbestos compensation he received should be reduced accordingly.

Mr Ball’s legal team argued that despite Mr Ball’s age and the fact that he had only had a few months to live, he should be entitled to the same level of damages as a younger person or someone who could expect to live longer.

Personal injury claims arising from cosmetic surgery on the Increase

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Personal injury solicitors are seeing an increase in the number of medical negligence claims from people who have suffered at the hands of plastic surgeons.

Recent data from the Medical Defence Union (MDU) has shown that personal injury compensation claims arising from cosmetic surgery are upheld in 45% of all cases. For medical negligence claims in general, the figure is 30%. The Union also said there had been a significant increase in the number of claims over the last five years.

One case involved a claimant who said the surgeon did not get fully informed consent or collect a full medical history before a facelift operation. The claimant went on to suffer a stroke after the procedure and eventually received more than half a million pounds in compensation.

Another case highlighted by the MDU involved a man who ended up with breathing problems after a nose reduction and a woman who received the wrong size breast implants.

The Royal College of General Practioners’ chair, Dr Clare Gerada, explained that while it may be easy to obtain cosmetic surgery, profit should never override high quality care.

Asda Employee Receives £27,000 in Compensation after a Slip And fall Accident at Asda

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Irene Heslop an ex-Asda worker has won £27,000 in compensation after suffering a serious back injury due to slipping on a broken egg. The accident occurred in an Asda store warehouse in March 2007 where she worked.

Mrs Heslop was employed in the Asda store as a bakery assistant for seven years prior to the accident. Following the accident, she was left unable to walk long distances or use heavy equipment. She currently needs to receive regular injections and acupuncture to aid her recovery.

Despite her request to return to work on lighter duties once she had partially recovered, Mrs Heslop was told that there were no such positions open.

Since the accident, Mrs Heslop has been unable to work. Doctors at Manchester Royal Infirmary confirmed as part of the slip compensation claim, that Mrs Heslop’s lifestyle had been ‘considerably curtailed’ by the accident, and although they had been unable to agree upon the exact extent of her back injuries, one specialist was convinced that she had suffered a fracture to her spine.

Mrs Heslop claims that Asda could and should have settled far earlier to avoid the on-going discomfort of a now retired former employee.

In the immediate aftermath of the accident, a private detective was twice sent by the management of the store to film Mrs Helsop and to prove she was able to work.

It was only during the case, three years later, that Mrs Heslop realised she had been followed. She said that she felt sick when she saw the footage; she thought that it seemed so over the top for them to follow her around and invade her privacy like that.

Mrs Heslop has since paid the Department of Work and Pensions £6,000 out of her settlement to pay back the industrial injury benefit she claimed once her statutory sick pay ended after six months of injury hell.

An Asda spokeswoman said that health and safety of all their customers and colleagues is their biggest priority and if Asda fall short of their high standards, they would work to put things right.

Council employees paid over £228,000 personal injury claims

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Recent figures have revealed that 28 employees of North Lincolnshire Council have received more than in £228,000 compensation between 2007 to 2011.

In addition to the compensation, the council has also paid unspecified costs amounting to £181,134.

The highest payout was for £47,751. This amount was for an industrial disease for a former council employee who contracted mesothelioma following asbestos exposure.

The second highest payout was £43,138 to an employee whose hand became trapped while changing blades in a machine.

Other payouts were made for various personal injuries, including hands getting caught in machinery, slips and trips, people colliding with objects and falling down holes.

Compensation payments were also made for injuries incurred while lifting, knee injuries, and fingers getting caught in a door.

Personal injury solicitor, Andrew Havery, said the financial value of each compensation pay-out takes into account the pain and suffering received and the amount of time the affected person will be out of work.

The figures also showed a steady decline in the amount of compensation paid out to employees with just £3,100 paid out over the last 12 months in personal injury claims.

A spokesperson for the council said: “The council has a responsibility, as far as is reasonably practicable, to safeguard health, safety and welfare of all its workers and other people who might be affected by the council’s work activities.