Daryl Robinson, a Senior Associate in the Major Trauma Team has obtained a seven-figure award for a client who was a passenger in a road collision and suffered a traumatic brain injury and a life-threatening carotid dissection.
The case background
Our 27 year old client was a restrained front seat passenger in a vehicle that lost control and crashed into a tree.
Our client sustained a moderate-severe traumatic adult brain injury from which she has ongoing cognitive problems and fatigue. There was a complex left side open skull fracture involving the skull base and petrosal bone, an intracranial bleed into the temporal lobe, a zygomatic arch fracture with parotid gland injury which required exploration (with glass particle removal), reduction of the fracture and Botox injection. Other injuries included a left traumatic nerve palsy which affected the opening and closing of the left eye, resulting in dryness and facial scarring.
The injuries included a left internal carotid artery dissection with approximate 30% stenosis and a medial pseudoaneurysm measuring maximally 3mm in diameter. There was an increased risk of a stroke and advice to remain on lifelong Aspirin.
Securing financial assistance for our client
At the point of Moore Barlow’s instruction, our client had ongoing cognitive problems and fatigue, some significant neuropsychological difficulties, particularly regarding short term memory with respect to auditory functioning and word finding. Aspects of executive functioning were managed by the implementation of strategies and assistance.
There is a cumulative risk of future seizures of around 10% at 5 years post-accident against a background rate of 0.2%, around 13% at 10 years against a background rate of 0.4% and around 16% at 20 years against a background rate of 0.8% to be reduced by a third on the basis that there had been no recorded seizure.
In addition to the appointment of a clinical case manager conducting a rehabilitation programme with multiple disciplinary team of therapists, there was also the introduction of a rehabilitation assistant working closely with our client. A key focus was to provide vocational rehabilitation to integrate her back into the Police force albeit in a lesser role than before with some career restrictions and some difficult challenges. Moore Barlow secured significant interim payments in order to support this process.
Ongoing support and future planning
As part of Moore Barlow’s assessment of our client’s long-term prognosis, it was also necessary to arrange annual MR angiograms in order to monitor the dissection and repair due to the risk of stroke which could have a severe disabling outcome. These investigations were also inextricably linked with our client’s compromised family planning and the recovery of fees with a fertility clinic. This process was assisted with opinions from experts in the field of neuroradiology, vascular surgery and fertility. Other required medico-legal experts were required in the fields of Neurology, Neuropsychology, Neuropsychiatry, Plastic surgery, Audio-vestibular, Ophthalmology, Maxillo-facial, Pain management and Care.
At the settlement conference the claim for injury, past losses including loss of earnings, care, medication, transport, case management and similar items for future losses along with pension were secured by way of a seven-figure lump sum settlement.
Following this our client has been able to start IVF treatment following reassurances from the medical team and the team at Moore Barlow wish her success.
Moore Barlow team also consisted of Lucy Keats [trainee solicitor] and Perrin Gibbons [Counsel] of Deka Chambers.
How Moore Barlow can help
Moore Barlow is here to help those who have suffered major trauma and need to make a claim, access rehabilitation, interim payments and secure compensation. If you need to speak with one of our expert personal injury solicitors, please call 020 3962 7333 or visit the Major Trauma Service page.
