Total damages: £14,000
Settlement
Date: 01/12/2006
Out of court settlement
Age at injury: 58
Sex: Male
Our clients received £14,000 under the
provisions of the Law reform (Miscellaneous Provisions) Act 1934
for damages on behalf of their deceased father's estate.
Original Claimant (A): Male: 58 years old at
date of injury; 62 years old at the date of his death.
The claimants (B and C) were the
administrators of the estate of C. C died of an unrelated medical
problem in April 2006.
Background
In 1995, our
client's father suffered a subarachnoid hemorrhage which left him
with a serious brain injury. He was unable to walk, talk and had no
short term memory.
Due to the nature of the brain injury he could
be abusive and aggressive. He was initially admitted to the
defendants care home and, after receiving occupational therapy his
condition improved sufficiently to enable him to walk, talk and
feed himself.
However over the subsequent years, whilst
being cared for in various other care homes, the deceased's
condition gradually deteriorated.
It was agreed that he required specialist drug
therapy and 24 hour one to one care. The deceased was reassessed
and the defendants care home agreed to accept him back to provide
the one to one care he needed.
The deceased was transferred back to the
defendants on 6 January 2003. On his admission his drug therapy was
changed to ease his agitation. Resperidone was prescribed to be
given as 4mg twice a day and 2mg as necessary, for episodes of
extreme agitation.
On the evening of 6 January 2003 A received
2mg of Resperidone at 18.00hrs, 2mg at 21.00hrs and a further 4mg
at 22.00hrs. The deceased was nursed alone in a single room and the
decision was made to monitor him during the night from outside the
door.
On the morning of 7 January 2003, A was found
on the floor with his back up against an unguarded radiator. At
that time the deceased had no left hand side recognition of his
body and his mobility was such that he would not be able to move
himself off the floor.
It was identified that he had an injury and he
was transported by car to hospital. He was subsequently found to
have suffered full or mainly full and partial thickness burns to a
large area of his back, left arm, shoulders, neck and scalp.
He required hospital treatment as an inpatient
for approximately seven weeks, during which time he underwent skin
grafting. The healing process was complicated by MRSA
infection.
The deceased was left with considerable
scarring to his back, shoulders, left arm, right leg, left leg,
head and neck. There was a loss of neurological sensation in the
skin to his back, shoulders, head and neck.
He also suffered from an increase in his
distress and disorientation due to the effects of his injury and
change of environment together with his existing mental
condition.
We were initially instructed to act on behalf
of the deceased through his daughter, acting as his litigation
friend. Unfortunately he died, before a settlement could be
reached, from an unrelated medical condition.
The claim was continued by his son and
daughter, as the administrators of his estate. The claim was funded
by way of a Conditional Fee Agreement ("No Win, No Fee").
We obtained a nursing expert report which
supported our claim and a letter of claim was sent to the
defendants explaining in detail the nature of the claim. The
defendants initially denied any wrongdoing.
We made a Part 36 offer to settle the claim
and after some negotiations the defendants agreed to settle the
claim for £14,000. Although the claim was settled on a global
basis, we estimate general damages as being £12,000 and £2,000 in
special damages.