Young child knocked down by car whilst running across the road.
Yasmin was almost 3 years of age at the time. She was hit by a car driven by the Defendant. The accident occurred when Yasmin ran into the road.
The Claimant sustained catastrophic injuries which rendered her paraplegic. She was wheelchair-bound and substantially reliant upon her family for care and assistance. She was doubly incontinent and relied upon an indwelling catheter and incontinence pads. She experienced pain in her right arm and back from time to time. She required assistance to turn in bed. Her problems were exacerbated by involuntary spasms which inevitably made transfer more difficult.
The parties each obtained witness evidence and reconstruction expert evidence.Yasmin suffered injuries in the form of a type 3 fracture of the odontoid peg and spinal cord injury to T10. The fracture was stabilised with a halo device for 8 weeks but the T10 injury had caused paraplegia both motor and sensory below T10. Yasmin had considerable spasticity and spasms in both legs. She lacked sensation in her bladder and bowels and had back pain.
Yasmin had a 10% risk of syrinx formation the same being a serious deterioration should be addressed by way of provisional damages award.
Yasmin has an indwelling urethral catheter which has to be emptied twice daily and she wore nappy pads for faecal matter. Yasmin had recurrent urinary tract infections (once per month on average) and took antibiotics. Yasmin had a risk of upper tract stones and a urologist report was needed. Yasmin needed admission to a spinal cord injury unit for assessment regarding her bowel care. Yasmin also needed correction of her contractures to be evaluated within the spinal cord injury centre.
Yasmin’s needs would be likely to increase as she became older. If she was able to master transfers she would still require hoisted transfers later in life. She had a reduced life expectancy of 60.
Yasmin therefore sought periodical payments in respect of the future cost of care, additional accommodation expenses, equipment and transport. Yasmin sought a rate of annual increase in excess of the RPI, namely the ASHE rate.
- A leading consultant in spinal injuries
- Consultant orthopaedic surgeon
- Care expert
- Locus plan expert
- Occupational therapist
- Accommodation expert
- Accident Reconstruction expert
- Rehabilitation Expert
- Whether there should be a split trial as to liability;
- Expert evidence
After many meetings and discussions the parties agreed to attend Joint Settlement Meetings. A number of settlement meetings took place before the parties reached a final amicable settlement.
Yasmin received £1.2 million pounds and was assisted with the purchase and adaptation of a new home.