Tim Kirfield, Senior Associate, and his team at Moore Barlow are pleased to have reached a six figure settlement for a school boy injured whilst at school.
Background of the case
Our client was in his final year of school and as part of his education, he attended a programme for two days per week at a local college, where the accident occurred. Our client was permitted to use a petrol go kart which was kept on site but he was not provided with any training or PPE and when he was driving the go kart, he lost control and collided with a fence, sustaining a life changing injury to his right leg. Liability for the accident was not in dispute.
Injuries sustained
As mentioned above, our client sustained an open fracture to his right leg. He was taken to the Major Trauma Centre at St George’s hospital where he was reviewed and the day after the accident, he underwent surgery to repair the limb and external fixation was applied. The external fixator was in place for approximately 4 months before being removed. He was then placed in a cast for further recovery but he was suffering from a significant leg length discrepancy.
Following a review by an expert lower limb orthopaedic surgeon, our client was referred to a treating surgeon who recommended our client undergo further surgery to try and correct the length discrepancy. The subsequent external fixator was in place for 9 months and upon removal, the leg length discrepancy had been rectified but our client was experiencing significant pain and discomfort in his ankle and hindfoot.
Unfortunately, the prognosis for this was not good and the options were either further surgery or an ankle fusion, none of which were attractive to our client.
Rehabilitation
Given the liability position, a collaborative approach was taken from the outset by all parties and a case manager (Caroline Wright at Ainscough Associates) under the rehabilitation code. The Defendant Insurers were as focussed upon our client’s rehab as were and they funded a significant amount of input including the input of the private orthopaedic team and surgical intervention.
Settlement in the case
As well as his physical health, our client experienced a downturn in his mental health with the fear that he was being left behind by his peers due to his inability to work or engage socially. He therefore decided that he wanted to bring an end to the case so he could move on with his life and he instructed us to invite an offer of settlement.
Following a short period of negotiation, settlement in the form of a substantial six figure settlement was agreed and our client was able to put the case behind him.
This was a difficult case, not in terms of liability but the impact you could see the implications were having on my client. He wanted to be out and about, studying or earning, playing sports with his friends and moving on but he just wasn’t able to as it was surgery after surgery. I was very pleased that we were able to reach settlement in the end which meant that he was happy to put this behind him and try to move on as best he can.
Tim Kirfield, Senior Associate | Major Trauma
