CLAIMSNEWS
Highest ever damages of £850,000 for child birth injury (Erb's Palsy)
Compensation for soldier who lost hearing through band practice
A 13 year old boy, who was born at the Royal Devon and Exeter Hospital, was left with an Erb's Palsy injury (severe damage to his arm, hand and shoulder resulting in loss of function) due to the mismanagement of his birth at the hospital in Exeter. Tozers secured the highest ever payment of damages for a child with Erb's Palsy with an award of £850,000 being made to this boy, referred to as Child T. Born on 2 March 1998, Child T sustained serious damage to his arm, shoulder and hand at birth (Erb's Palsy). He has undergone two major operations to try to correct the injury but suffers on-going pain and is still unable to do most two-handed
A soldier who lost his hearing due to prolonged exposure to drums and bugles as a musician in the army has been awarded £300,000 compensation. He joined the army as an 18-year-old and spent four years as a musician in the band, which led to him being exposed to excessive noise. As a result, he suffered severe tinnitus and permanent bilateral hearing loss.
activities. At best his left arm is used as a support and it is likely that he will get arthritis in this arm as well. The pain experienced has led to Child T missing out on time at school because of the many inpatient admissions. A significant
He had hoped to serve in the army until he was 40 but was discharged when he was just 24 because of his condition. He intended to work in the retail trade where his disability wouldn’t be too much of a hindrance to him.
proportion of the damages award is to go towards ongoing It was unlikely that he would be able to earn as much as in the army. He was also without other employment benefits he had enjoyed such as private health care.
treatment.
He brought an action against the army saying it was negligent in allowing him to be exposed to such a high level of noise during band practices. He was awarded £300,000 in an out-of- court settlement to cover his pain, suffering and loss of amenity, his loss of employment and his loss of future earnings. Partner Tony Mills, secured this case victory for Child T and we believe that Tony has achieved the highest award for this type of injury ever seen in this country.
Please contact Jenny McKellar our Personal Injury expert in our Westbury office on 01373 865577 if you would like more information about making a personal injury claim with Middleton & Upsall.
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ISSUE 1 | SEPTEMBER 2012
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