HIGH COURT AWARDS £863,000 TO VICTIM OF MEDICAL NEGLIGENCE

On 22nd January 2001 the Herefordshire Health Authority agreed to pay £835,000 to a businessman whose life was destroyed as a result of the mis-management of his anti-coagulation therapy. The Birmingham High Court also awarded an extra £28,000 on the basis that the Health Authority could have settled the case in 1999 but failed to do so.

David Cartwright suffered from a major stroke in July 1991 when his thrombo test levels rose above the recommended 10% up to a level of 25%. He suffered brain damage and is now hemiplegic; he lost his will and drive.His business collapsed and he had to make 22 employees redundant.

The award covers his general damages for pain, suffering and loss of amenity and a sum for his past and future loss of earnings and care. Humphreys & Co were appointed in 1997 to replace his former solicitors after the first action that he commenced was struck out in 1996.After a four day trial in April 1999 it was successfully argued that Mr Cartwright was under a disability so that the primary 3 year limitation period under the Limitation Act 1980 did not mean that his case was time barred.

In September 1999 Mr Cartwright succeeded at a six day trial on liability.On 22nd January 2001 the case settled on what would have been the first day of a four day assessment hearing for the court to decide how much compensation he would receive.

Humphreys & Co 19th February 2001