header-logo header-logo

12 June 2008 / B Mahendra
Issue: 7325 / Categories: Features , Personal injury , Mental health
printer mail-detail

Doc brief

Trauma
Assessment
Mental Disorder

Earnings loss after trauma

In Jones (Administratrix of the Estate of Bron Bawdon- Jones) v Royal Devon & Exeter NHS Foundation Trust [2008] EWHC 558, [2008] All ER (D) 313 (Mar), the claimant, then aged 31, had given birth to a baby girl. It had been a protracted and complicated labour, the baby eventually being delivered by vacuum extraction. It had suffered severe brain damage as a result of lack of oxygen. It was said to have been effectively dead at birth but had been resuscitated. The prognosis was hopeless and life support had been turned off after she had survived just 25 hours.

The defendants had admitted breach of duty. The issue was in relation to damages for personal injury sought by the claimant who alleged significant and ongoing psychiatric injury and consequential losses including loss of earnings and pension loss. The defendants contested these claims with vigour.

Conflicting evidence
The psychiatric evidence that was produced was conflicting. One expert had said the claimant had suffered post traumatic stress

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Sharpe Pritchard—Victoria Heald-Barraclough

Sharpe Pritchard—Victoria Heald-Barraclough

Magic Circle hire strengthens Sharpe Pritchard’s infrastructure finance capability

Lewis Silkin—Iskander Fernandez

Lewis Silkin—Iskander Fernandez

Lewis Silkin adds corporate crime specialist to growing dispute resolution team

Morr & Co—Michael Charalambous

Morr & Co—Michael Charalambous

Morr Co strengthens private client team with partner appointment

NEWS
Should every solicitor found to have acted dishonestly face automatic striking off? The answer, argues John Gould, chair of Russell-Cooke LLP in NLJ this week, is no 
Winning an arbitral award against a state is one thing; enforcing it is another
Can government success in court tell us whether the rule of law is healthy? 
Poorly drafted dispute resolution clauses can trigger litigation before the real dispute is even addressed
As cryptocurrency becomes mainstream, family lawyers are increasingly confronting the challenges it creates on divorce
back-to-top-scroll