In this case, our client, at the age of 22, suffered a temporal lobe abscess and hydrocophalus which required a ventricular drain to be inserted to reduce the pressure in the spaces in the brain. A subsequent temporal craniotomy and further drainage was required. The client subsequently developed epilepsy, a general slowing down in his abilities, difficulty with walking, speech difficulties and cognitive problems, affecting his writing, memory and concentration.

Further investigation revealed that the client had been the subject of a medical examination when he was at school and was 12 years of age. At that time a possible fistula indicating a connection between the middle ear and cranial cavity had been detected. Subsequent investigation and expert evidence confirmed that it was the failure by the Health Authority to properly investigate and follow up this issue that led to the development of the abscess some 10 years later.

A claim was pursued against the Health Authority, the NHS Hospital and the General Practitioner. The client was left with cognitive damage and damage to the left side of the brain and brain stem and no rehabilitation programme had been put in place. The client was leading an inactive and unstructured existence. The client became a patient of the Court of Protection as he was unable to manage his own affairs. After discussions between all parties the claim against the General Practitioner was compromised without any admission of liability. The Health Authority admitted liability for the injuries.

An aggressive programme of rehabilitation was then put into place with the co-operation of the Health Authority who funded a Case Manager and rehabilitation team over a period of 2 years. The Case Manager organised the day to day activities and funding of the client so, for example, he became actively involved in physical activities attending a gym, swimming, woodwork classes and other activities to increase his confidence. The family were re-assured as to the handling of the client’s epilepsy. The Case Manager put in place a Speech Therapist, Occupational Therapist, Neurotherapist and appointed an Enabler to work with the client on a day to day basis.

After a period of 2 years, the client had made a steady improvement although it was acknowledged that this improvement could only be maintained with ongoing support which would be necessary for the rest of the client’s life. The client would not be able to undertake full-time employment but could be expected to live independently with adequate support.

The basis of settlement was agreed between the parties in February 2006 and the terms of settlement were approved at Birmingham High Court on the 23rd May 2006. Evidence was put before the court by Quantum Management Portfolio as to the appropriateness of a lump sum payment or periodical payments. The total settlement was £1.49 million which was made up as to

General damages for pain and suffering:
 Loss of earnings
 Gratuitous care
 Private Care
 Home Management Costs
 Future Loss of Earnings
 Future Care
 Services, aids, equipment and
 miscellaneous losses totalling

We were assisted in this case by David Allan QC of Byron Street Chambers, Manchester and Hugh Davies of Dean’s Court Chambers, Manchester.


Prepared by Nigel Rostance
Partner