Jonathan Herbert

The claimant in this case required a colectomy and potentially permanent ileostomy with rectal stump because of an unacceptable delay in a diagnosis of ulcerative colitis. He went on to suffer leakage from his ileostomy, sleep deprivation, back pain, inguinal and parastomal hernia, inability to function at pre illness levels, psychiatric injury with alcohol reliance all with a risk of adhesive obstruction.

Damages recovered: £250,000

Mr M developed mesothelioma as a result of being negligently exposed to asbestos dust at work when working as a painter and decorator from about 1993 to 2008. He was exposed to and inhaled significant quantities of asbestos dust on a regular basis when involved in renovating schools, private houses and a hospital. Much of his work was in areas that had been worked on by other tradesmen who had left significant quantities of dusty debris. He also sanded down asbestos boards. No protective clothing or masks were provided by his employer and he received no training or warning about the dangers of asbestos dust. Following his retirement, Mr M became responsible for the upkeep of a number of residential properties owned by his daughter but his ability to continue with property maintenance declined as his symptoms took hold. Eventually, he was diagnosed with mesothelioma but he then survived only a further ten weeks thereafter.

Damages recovered: £210,000 (approx.)

Mr M was struck by a van as he cycled down a country lane. No attempts were made by the van driver to give the cyclist any room, let alone avoid collision. Mr W suffered such significant injury to his shoulder that reconstructive surgery was predicted to give benefit for only 10 to 15 years before joint replacement surgery would need to be performed. The claimant also suffered psychiatric injury.

Damages recovered: £83,000

The claimant in this case required bone grafting and screw fixation to a fractured wrist that would have been avoided had the fracture been diagnosed on presentation to A&E. The delay in treatment has exposed the claimant to arthritis that will require a treatment ranging from steroid injections to a possible need for a full wrist fusion.

Damages recovered: £60,000

Miss M fell from an unprotected ledge in poor visibility when leaving a nightclub. She was not remotely drunk. She suffered an un-displaced non-united fracture of the 4th metatarsal and continued to walk with a limp for some considerable time afterwards. The case was vigorously defended. In the lead up to trial, the case settled.

Damages recovered: £45,000

The claimant in this case suffered avoidable spinal injury because of delays in arranging scans and referring for specialist review. Primary surgery was not successful and further surgery was required. He then suffered a severe stroke, unconnected to his spinal injury and management, which enabled a settlement to be negotiated and subsequently approved by the court.

Damages recovered: £25,000