Total damages: £70,000
Settlement date: 27.7.2006
Out of Court settlement, approved at Infant Settlement Approval
Hearing.
Type of award: Fatal accident case: PSLA,
funeral expenses and past care on behalf of deceased's estate; Loss
of dependency and loss of mother's services for Claimants.
Age at injury: 42
Sex: Female
The Claimants were awarded £70,000 under the
provisions of the Fatal Accidents Act 1976 and the Law Reform
(Miscellaneous Provisions) Act 1934 for damages on behalf of their
deceased mother's estate and for their own loss of dependency
arising from the Defendant's admitted delay in diagnosis of the
deceased's rare auto-immune condition called polymyositis.
Background
The deceased's health began to deteriorate in 2001, but more
markedly so in 2002. The Defendant admitted in their Defence that a
diagnosis of polymyositis should have been made by the end of March
2002, when in fact the diagnosis was not made until September 2002.
The Defendant denied, however, that this caused the deceased's
death and stated that it is likely that her death was caused by an
acute cardiac event rather than a pulmonary embolus as contended by
the Claimants' medical experts.
No post-mortem was ever undertaken so the
cause of death was never formally identified but expert reports
were obtained for the Claimants from a consultant cardiologist and
also a rheumatologist who advised that on the balance of
probabilities, the deceased is most likely to have died of a
pulmonary embolus caused by a prolonged period of generalised ill
health as a result of the untreated effects of her polymyositis
which caused irreversible skeletal muscle damage and weakness and
loss of mobility.
An out of court settlement in the sum of
£70,000 was approved by the High Court at an Infant Settlement
Approval Hearing in July 2006.
Injuries
Prior to death, the deceased suffered swollen and painful hands and
feet and aching muscles and limbs generally. As her condition
progressed, she was unable to mobilise or hold her head up; had
difficulty swallowing and suffered substantial weight loss.
Breakdown of damages:
The Claimant's accepted a global offer of settlement which was
apportioned by the Court as follows:
- £7,257 to the deceased's son who was 14 at the time of his
mother's death and 18 at the date of settlement. This included a
claim for loss of dependency and loss of parental love and
affection.
- £25,497 for the deceased's daughter who was 6 at the time of
her mother's death and 9 at the date of settlement. This including
claims for past and future loss of dependency, loss of mother's
services and loss of parental love and affection.
- £24,000 to the guardian and litigation friend of the deceased's
daughter paid in respect of the care provided for her since her
mother's death.
- £13,246 paid to the estate for PSLA, funeral expenses and past
care.
Solicitor for the Claimants:
Olivia Lawson, Hodge Jones & Allen.
Counsel: Harry Trust, Outer Temple Chambers.
Solicitors for the Defendant: Capsticks.