The Claimant was involved in accidents at work in her capacity as a carer. On the first occasion in June 2004, she was assisting a patient getting out of bed when the patients legs gave way and she fell, dragging the Claimant with her. On the second occasion in September 2004, the Claimant was assisting a patient to the toilet, when again the patients legs gave way, causing the patient to fall onto the Claimant twisting her back in the process.
Liability was determined at 70:30 in favour of the Claimant.
As a result of her injuries, the Claimant developed fibromyalgia and was no longer able to work and required round the clock assistance and adapted accommodation.
The Claimant’s medical evidence from a rheumatologist and orthopaedic expert noted that the Claimant was at the severe end of the spectrum and was unlikely to get better.
Damages were settled on the basis that the Claimant would continued to receive her assessed local authority care package which amounted to approximately £40,000.00 per annum, and her compensation was all paid in to a personal injury trust.
Damages were settled in the sum of £1,500,000.00 following the 30% reduction for contributory negligence.
The bulk of the damages related to future care costs which on a 100% liability basis was in excess of £1,400,000.00.