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

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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

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The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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