Recent Quantum Judgments


Totham v Kings College Hospital NHS Foundation Trust [2015] EWHC 97 QB

Mrs Justice Elisabeth Laing DBE

22 January 2015

Injury: Hypoxic ischaemic injury, quadriplegic cerebral palsy.

Lump sum and PPO

Issues:

  • General damages for PSLA
  • General approach to valuation - discussion of Sowden v Lodge [2004] EWCA Civ 1370, Rialis v Mitchell, Massey v Tameside and other cases.
  • Past gratuitous care - discount 25% not 30% as D contended.
  • Future transport - VW Caravelle - caculations




Ellison v University Hospitals of Morecambe Bay NHS Foundation Trust [2015] EWHC 366 (QB)

Warby J

18 February 2015

Injury: Severe quadriplegic spastic cerebral palsy with profound physical and cognitive impairments.

Issues:

  • General approach to valuation - rejection of D's interpretation of Swift J in Whiten v St George's.
  • Hydroptherapy pool - allowed
  • Accommodation in London; provision of  a lift; deductions for accommodation costs saved by parents;
  • Transport - VW Caravelle replacement every five years
  • Holiday costs




Robshaw v United Lincolnshire Hospitals NHS Trust
[2015] EWHC 923 (QB)

Foskett J

1 April 2015

Injury: Hypoxic ischaemic encephalopathy, quadriplegic dyskinetic cerebral palsy, learning difficulties and motor developmental delay

Lump sum and PPO

Issues (this is a very detailed judgment covering very many disputed issues following an eleven day hearing:

  • Life expectancy: very detailed consideration of Strauss category and more recent 2014 paper on life expectancy in cases of cerebral palsy. Adoption of approach set out by Swift J in Whiten v St George's [2011] EWHC 2066 (QB) to adjustment to Strauss data to reflect the individual features of the case.
  • Provisional damages for 10% lifelong risk of recurrent epileptic seizures agreed.
  • Lost years claim - Judge held he was bound by Croke v Wiseman [1982] 1 WLR 71
  • Loss of earnings - Judge took likely retirement age in absence of injury to be 70
  • General approach to valuation of damages - discussion of Sowden v Lodge [2004] EWCA Civ 1370, Rialis v Mitchell, Massey v Tameside and others including Ellison v University Hospitals of Morecambe Bay NHS Foundation Trust [2015] EWHC 366 (QB)
  • Future Care - issues of the requirement for two carers, day and night, the appropriate allowance for waking night care, team leader hours and enhanced rate, food and expenses, recruitment and advertising and training. Also, issue of claim for increased costs of childcare in the event that C had a family.
  • Accommodation - accessibility to all areas, separate family dining room, additional guest bedroom, independent living space for C, study/hobbies/communication room; credit for rent received by parent; provision of pool; contingency sum of 10%.
  • Detailed judgment on items of aids and equipment and transport. VW Caravelle, replacement every five years.
  • Holidays
  • Assistive technology
  • COP and Deputy costs




William Davies J

15 May 2015

Injury: Infection causing bilateral spastic cerebral palsy, double incontinence, development delay with cognitive impairment, impaired vision.



Issues:
  • General approach to valuation
  • Future care - number of carers required; contingency of 5% not allowed; case management costs
  • Loss of earnings - no reduction for costs of travelling to and from work.
  • Holidays (£5,000 pa)
  • Hydrotherapy pool - not allowed


Turner J

11 June 2015

Severe autism and significant cognitive impairment, double incontinence.

Claimant's parents elected not to apply for/continue to seek direct payments for a residential home for their son. The Defendant contended that it was certain that direct payments would be available. The Court held that the effect of Peters v East Midlands SHA was that a claimant was not obliged to rely on state funding for care. 
After the age of 25 the Claimant would have to leave the care home. The Judge determined that compensation should be paid on the basis that he would be cared for at the family home thereafter.



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