Success Stories for Adult Brain Injury Cases
You are reading our successful case summaries for adult brain injury claims. Read on to find out how our brain injury specialists have experience in a wide range of cases. This includes claims against employers, cases involving medical negligence or road accidents, and cases handled poorly by other firms.
Brain Injury as a result of Medical Negligence
£15 million for a woman who suffered a catastrophic brain injury at birth
Our client, ‘Natasha’ has severe disabilities, in particular brain damage secondary to hypoxic-ischaemic encephalopathy, which occurred during the course of her mother’s labour and her delivery. She has a moderately severe cognitive disability and significant physical disabilities and epilepsy.
Our client’s mother initially instructed another firm, who closed the case on the basis it had poor prospects of success. She then instructed us. Liability was resolved on an 80% basis in our client’s favour (that is to say, the defendant was found to be 80% responsible for the injury) and the claim settled for a capitalised value of just under £15 million (£18 million on a 100% basis), which comprised a lump sum and annual periodical payments for the remainder of our client’s life for care and case management, loss of earnings and Court of Protection Deputyship costs.
£11 million for a young person who suffered a catastrophic brain injury due to an anaesthetic error
Our client, ‘Joanne’ suffered a catastrophic injury when undergoing surgery. Her blood pressure dropped and she underwent a period of profound hypotension and cerebral ischaemia. She suffered permanent brain injury which affects herr motor coordination and causes cognitive and behavioural difficulties and severe visual impairment.
Following an admission of liability (fault) by the NHS Trust, settlement of the quantum element of the claim had to be delayed until a final prognosis could be given by the key medical experts in neurology, neuropsychology, neuropsychiatry and ophthalmology.
Our client resides overseas, therefore this claim presented interesting jurisdictional issues and required input from local experts on how any settlement would be treated for tax purposes (to ensure it was structured in the best way possible for our client) and also on how funds could be adequately protected and managed outside the jurisdiction of the Court of Protection.
The claim settled for a capitalised sum of just over £11 million, comprising a lump sum settlement of £5 million plus annual periodical payments for specialist care and case management, index linked to inflation for the remainder of our client’s life.
Settlement of £10 million for a young adult who suffered a catastrophic stroke due to hospital negligence
Our client, ‘Reece’ presented at their local A&E Department with worrying neurological symptoms, but they were reassured this was due to a virus and they were sent home, without further investigation or imaging. Some months later, our client suffered a catastrophic stroke.
Our client suffered severe brain damage and now has a significant motor disability and right-sided weakness. They have a significant residual speech impediment and problems with eating and drinking which are severely disabling.
We argued that when our client first presented at A&E, they were suffering a mild stroke, and that if they had not been discharged but had instead been admitted for further investigation, a minor stroke would have been detected and our client would have been prescribed Aspirin which would have avoided the second catastrophic stroke.
Liability was compromised at 50%, with a settlement of £10 million following shortly after (£20 million at full value).
£1.3 million for delayed diagnosis of a glomous tumour
We represented ‘Clara’, an adult, who experienced one-sided hearing loss, tinnitus (ringing in the ear) and muscle wasting because of a growing non-malignant glomus tumour. We secured £1.3 million in compensation for Clara. The tumour was growing inside Clara’s middle ear and it pressed on her nerves as it grew steadily larger. The tumour had likely been present for over 10 years and had gone undetected.
Clara was seen by an Ear Nose & Throat (ENT) specialist who didn’t refer her for a scan, despite her concerning symptoms. The tumour was not diagnosed until she saw a different ENT specialist a year later who was concerned by her symptoms and performed a scan straight away.
Up until this point, Clara had been managing to work, but the delay in her diagnosis meant that the tumour grew and pressed on her nerves, causing muscle problems in her shoulder. This meant that she could no longer lift and carry, an essential part of her job. She had radiotherapy to reduce the size of the tumour but her weakness and pain remained. She could no longer manage her role at work and suffered a loss of earnings.
We obtained expert evidence from a specialist ENT consultant who found that the first ENT specialist had been negligent. They considered that had she been diagnosed on time, she would have undergone radiotherapy sooner and avoided all her physical difficulties and pain. As well as obtaining compensation for Clara at mediation, we also obtained an apology letter from the ENT acknowledging that their failure to properly consider our client’s symptoms had significantly affected her life. This helped bring some closure for Clara and the compensation enabled her to have specialist physiotherapy and help at home for her young children, plus aids and adaptations to help her to have a more independent life.
£10.5 million for 54 year old who suffered ruptured aneurism
We acted for ‘Zahra’ in her claim for compensation following negligent treatment for her brain haemorrhage which caused an aneurysm to rupture. .
Zahra suffered a catastrophic brain injury which caused severe difficulties with mobility, incontinence and her ability to perform daily activities for herself. She requires lifelong care. Her behaviour and mood are significantly affected.
As soon as we were able to establish the NHS Trust was to blame for Zahra’s injuries, we obtained interim payments of compensation that allowed us to arrange and pay for a care package and access to specialist brain injury rehabilitation, treatment and equipment.
Compensation paid for adaptations to Zahra’s home to meet her needs. Zahra made significant progress following rehabilitation and progressed from being unable to pick up a pen or use her left side to being able to produce artwork and navigate an electric wheelchair with her left hand, providing her with some independence and improved quality of life.
£500,000 for adult who suffered brain injury following a failure to diagnose and treat a blocked brain shunt
We acted for ‘Kareem’ who attended his local hospital with severe headaches and was initially diagnosed as suffering from migraines. There was a delay in diagnosing and treating a blocked shunt in his brain which caused brain injury.
Kareem developed hydrocephalus (water in the brain) as a baby following a traumatic birth and had shunt fitted in his brain. The doctors at Kareem’s local hospital were aware of the shunt but failed to investigate whether his headaches were caused by a blocked shunt. He was admitted to the local hospital for monitoring, but his condition deteriorated over the following 24 hours, and he had to be moved to a more specialist hospital for a life-saving surgery to relieve the compression in his brain.
Sadly, by that point, he had lost consciousness and despite the life-saving surgery, Kareem suffered permanent brain injury which affected his work, emotional wellbeing and relationships.
The NHS Trust denied negligence and the claim was very robustly defended. We instructed one of the most renowned experts in hydrocephalus early in the case and his evidence supported the claim against the NHS Trust. Eventually the Trust admitted some breaches of duty but argued the claim was not worth much as Kareem had had some brain damage following his traumatic birth. They offered £25,000 in compensation.
We instructed several prominent experts and obtained evidence to demonstrate the effect that the additional brain damage had on Kareem’s work and personal life. This allowed us to put forward a considerable claim in respect of our client’s his present and future losses. The claim continued to be robustly defended until we were able to reach a settlement which adequately compensated Kareem for his injuries and losses.
£550,000 for adult who suffered a stroke after stopping Warfarin
We represented a 65 year old lady, ‘Pamela’, after she suffered a catastrophic stroke. She has been taking Warfarin for a heart condition and the medication had been negligently paused in advance of an unrelated medical procedure. We obtained independent expert evidence which found that two hospitals had been negligent and were responsible for her stroke.
Sadly, Pamela’s stroke was life-changing. She required round-the-clock care with all her daily tasks, relied on assistive equipment, including a wheelchair and hoist, and had to adapt her home to make it suitable for her needs. The stroke limited her life expectancy. She had previously led a very active and full life.
The Defendant hospitals eventually admitted that their negligence had caused Pamela’s stroke. We obtained an initial payment of compensation of £300,000, which allowed Pamela to employ professional carers, begin private neuro-rehabilitation and carry out renovations to her home.
Pamela’s claim was initially valued in excess of £3 million, with the majority of her compensation being needed to meet Pamela’s future needs. Sadly, Pamela unexpectedly passed away following a second stroke. We obtained evidence which proved that Pamela’s second stroke and death were linked to the negligence. Despite no longer being able to claim compensation for future needs (e.g. care and therapy), we secured a settlement of £550,000 following a day of negotiations with the two Defendant NHS Trusts. We also obtained a written apology from both Defendants for Pamela’s family.
£815,000 for adult who suffered a stroke following negligent medical treatment
We acted for ‘Fatima’, a 45-year-old women, who suffered a life-changing stroke (paradoxical embolism) due to hospital negligence.
Fatima was admitted to hospital for a routine procedure, during which a catheter was inserted into her vein. While blood was being taken, air was negligently allowed to enter the vein. An air embolism formed and passed through a hole in Fatima’s heart (a patent foramen ovale). This led to a blockage in some of Fatima’s cerebral arteries in her brain and caused her to have a stroke.
Fatima’s stroke caused ongoing physical and cognitive symptoms including pain, difficulty with speech, balance, memory and concentration. As a result she was no longer able to work and required support with many aspects of daily living
The NHS Trust refused to accept responsibility for Fatima’s injuries. After securing evidence from several leading medical experts we started Court proceedings against the NHS Trust. Shortly before trial to decide whether the NHS Trust had caused Fatima’s stroke, they admitted responsibility for her injuries. We obtained specialist evidence to prove the nature and extent of Fatima’s injuries and the impact on her life now and in the future. This enabled us to calculate the level of compensation she was entitled to and negotiate settlement of her claim. The compensation award enabled Fatima to adapt her home to meet her needs, purchase assistive equipment and access the neuro-rehabilitation and treatment she needed.
£1.2 million plus annual payments for life for adult who suffered a second stroke due to failure to properly manage her first stroke
We acted for ‘Jean’, a 58 year old woman originally from Mauritius. She suffered a moderate stroke after which she was weak down the right side and her speech was slightly slurred. There was also some weakness on the right side of the face, but she could be understood. Due to the Defendant’s subsequent failure to properly manage her condition, she suffered a more significant stroke. This second stroke left Jean with catastrophic cognitive, mental and physical disability. She suffered a dense right hemiparesis (paralysis down the right side) with severe aphasia (disorder of language). As a result, she is unable to walk more than a few yards with a leg brace. She became dependent upon a wheelchair outside of the house and as she deteriorates with age, she is likely to need to use one inside the house too. She has no use of her right arm and needs assistance with most activities of daily living. She cannot speak and has no means of communicating unaided. She was assessed as lacking capacity and therefore a court of protection deputy was appointed to manage her property and financial affairs.
The NHS Trust eventually admitted responsibility for the second stroke and after extensive evidence was served proving the extent of Jean’s injuries and the impact on her life, we were able to negotiate settlement of her claim – a lump sum of £1.25 million together with annual periodical payments of £110,000 for the remainder of Jean’s life.
£525,000 for adult who suffered brain injury during surgery
We acted for ‘Ronald’ who was in his late 50s and suffered brain injury when the Ear, Nose and Throat (ENT) surgeon performing his ear operation negligently perforated the dura (brain membrane) with his scalpel.
The error was confounded by the surgeon’s failure to notice and repair the injury either during the surgery itself or over the following week during which Ronald noticed cerebral spinal fluid leaking from his ear. Our client required further surgery to repair the dura. He suffered a significant, but subtle brain injury, which resulted memory loss, poor concentration, word-finding difficulties, an inability to plan or adapt to any change in routine and personality changes. He was able to return to work with the support of his employer, but required assistance with day to day activities.
Brain Injury as a result of Personal Injury
£8.8 million for a woman who was involved in a pedestrian road traffic accident
We acted for ‘Meena’ who was knocked down by a speeding motorcycle on her way to work, suffering a catastrophic brain injury, including severe frontal lobe damage. We obtained £8.8 million in compensation for Meena.
She has severe difficulties remembering events from before the accident (retrograde amnesia), as well as recent events and new learning. She has challenging behaviour, particularly when anxious and when demands are placed on her. She struggled to engage with rehabilitation, particularly when receiving in-patient rehabilitation. We therefore used interim payments of compensation to move her into a spacious rental accommodation with a large garden in a quiet and green location and then set up a private regime of care and rehabilitation led by a leading neuropsychologist which enabled therapies and support to be delivered in a calm environment with her family in the community.
Meena was at the start of her career following a graduate programme when her accident happened. Compelling information and witness evidence was obtained from the Senior HR Manager of her employer, which supported a sizeable loss of earnings and loss of benefits claim. There were also significant claims for specialist care (24 hour 2:1 care regime) and case management, therapies, accommodation, holidays, equipment, a vehicle and Court of Protection Deputyship costs.
£7.75 million for a young adult who suffered a traumatic brain injury in a car accident
We acted for ‘Daniel’, who suffered a life-threatening traumatic brain injury in a car accident. He was a front seat passenger, wearing a seat belt, when the car skidded on a wet road and hit a tree. He received multiple skull fractures, diffuse axonal injury (tissue damage over a widespread area of the brain), damage to the frontal lobes of the brain and further damage from increased cranial pressure and hypoxia (lack of oxygen to the brain). We obtained £7.75 million in compensation for Daniel’s injuries and losses.
From the start, and despite a lengthy period of neurorehabilitation, Daniel had problems with inhibition, initiation, memory, planning, organisation and self-monitoring due to the frontal lobe injury, as well as significant overall fatigue and orthopaedic injuries. As a result, he is unable to return to work and will require life-long help with personal and domestic care, going outside, shopping and leisure activities.
Our team obtained interim payments of compensation despite the delay in the defendant accepting responsibility for the accident and these payments funded much needed care, case management, therapy and support, including psychological support to help maintain Daniel’s relationship with his young children. Once the defendant admitted responsibility for the accident, further interim payments funded urgently needed alternative accommodation close to Daniel’s family to provide easy access to community activities and rehabilitation .
This substantial lump sum settlement will provide Daniel with the structure and support he needs in his life, through a substantial amount of daytime support, as well as a safe and secure home, allowing Daniel and his family to get on with their lives with financial security and flexibility.
£6.5m for catastrophic brain injury on construction site
We acted for ‘Michael’, a computer-aided draftsperson who suffered a severe brain injury after a heavy metal object fell three storeys from the roof of a building under construction and pierced his skull. We secured a £6.5 million compensation award for our client.
Michael suffered a fractured skull and a brain injury that left him with physical, cognitive, and visual disabilities, and deprived him of his ability to work, pursue a career as a structural engineer, or walk or live independently.
There were three potential defendants as is often the case when an accident occurs on a construction site. Although all three defendants denied responsibility for the accident, our team secured an early interim payment of compensation which replaced lost earnings and paid off debts Michael accumulated due to not being able to work. It also paid for a specialist brain injury case manager who coordinated therapies, including hydrotherapy, physiotherapy, and neuro-occupational therapy, and recruited a support worker. Most importantly, it funded a Permobil powered standing wheelchair that significantly improved Michael’s independence and wellbeing early on, reducing the risk of respiratory disease and infection, skin issues, sleep issues and fatigue in the long term.
The compensation award will meet Michael’s lifelong care, equipment, and therapy needs caused by his injuries and allows Michael and his family to start rebuilding their lives.
£800,000 for a severe brain injury in a fall from height at work
We acted for ‘Joshua’, an engineer who suffered a severe brain injury following an accident at work. Joshua fell over 2 metres to the ground when the ladder he was using gave way. The ladder was not secured and Joshua had not received any training or instructions on working at height. Joshua suffered skull fractures, a traumatic subarachnoid haemorrhage and frontal lobe brain contusions which resulted in neurological and cognitive difficulties. These symptoms included headaches, sleep disturbance, post-traumatic amnesia, loss of taste and smell, fatigue, memory and concentration problems as well as emotional regulation challenges.
The Defendant admitted they were to blame for the accident and made an early offer to settle the claim. However, we advised this was too low and made before the full extent of Joshua’s injuries could be assessed. While we continued to obtain the evidence we needed to assess the full extent of Joshua’s injuries, we obtained interim payments of compensation to relieve financial pressure and fund a case manager who coordinated Joshua’s rehabilitation package and support for the wider family who were struggling to cope with his challenging behaviour.
The compensation settlement brings much needed closure and certainty to Joshua and his family. It also provides financial security by allowing them to pay off their mortgage, and ensures ongoing rehabilitation, support, and care for the rest of his life.
£1.22 million for a passenger who suffered a brain injury in a car accident
We represented ‘Stacey’, a teenager who suffered significant injuries when she was involved in a car accident as a passenger. She was knocked unconscious and suffered a fractured skull and traumatic brain injury. She also had serious cuts to her face which caused permanent scarring and injuries to her legs.
Her brain injury caused serious difficulties with memory, concentration, mental processing speed and caused chronic headaches and fatigue. She also suffered Post-Traumatic Stress Disorder and depression. The evidence we obtained from medical experts showed that Stacey required neurorehabilitation and therapies as well as care for the rest of her life. Stacey’s injuries prevented her from working for a long period of time and limited the type of work she could do in the future. Stacey was assessed by the Court of Protection as lacking mental capacity to manage her finances, meaning she would require professional assistance for this. We obtained interim payments of compensation which funded professional support and rehabilitation which enabled her to go back to employment and establish a routine which worked for her.
£7.75 million for front seat passenger in car accident
We acted for a young man, ‘Abe’, who was the front seat passenger in a car when the driver, his friend, lost control of the vehicle and collided with a tree.
He fractured his skull and suffered a severe traumatic brain injury. Abe suffers from significant cognitive difficulties, including problems with motivation, initiation, impulsivity and memory. He has difficulties with speech and language, and fatigue. His behaviour can be challenging and he requires significant support.
We fought for over two years on his behalf to establish who was at fault for the accident, including producing evidence that Abe was the passenger in the car and not the driver. During this time we were still able to secure interim payments that paid for a multi-disciplinary rehabilitation package to be set up. The care package put in place allowed Abe to be discharged from a residential rehabilitation unit and live independently in his own place.
After liability was admitted, further interim payments of damages allowed the care and support package to be built up to include support workers, neuro-physiotherapy, OT and neuropsychology on a regular basis.
We successfully settled the claim for a lump sum of £7.75 million that will provide Abe with the support he needs for the rest of his life.
Multi million pound award for head injured client
Our client, ‘Clive’ was a market stall trader who sustained a serious brain injury when the van in which he was a front middle seat passenger was in collision with a bus. Our client was not wearing a seatbelt. He was left with difficulties with cognition, memory and frontal executive function and serious psychological, emotional and behavioural problems. He would never be able to work again and required 24 hour care for the rest of his life. The Defendants contended that direct payments were available from the Local Authority and joined the Authority in the proceedings to reduce their liability. The Court approved a 15% reduction for contributory negligence and a net settlement figure of £3.75 million, with no reverse indemnity, thus allowing our client to claim and retain direct payments with a potential value of £1.6m over his lifetime.
