header-logo header-logo

Doc brief

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

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 disorder and a

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

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll