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Marcus Grant represented the Claimant, a 41-year-old nurse in respect of a centrally sensitized chronic pain condition that developed following a low speed rear end shunting road accident causing soft tissue injury.
It was common ground between the Parties that any orthopaedic soft tissue injury sustained in the accident was short lived and that her presentation was maintained solely by psychological factors.
The critical issues in the case were related to causation and quantification, principally her vulnerability to developing an equivalent condition in the absence of a compensable adverse life event, prognosis and need for a care regime.
On the face of her clinical history C did not appear to be unduly vulnerable psychologically to life’s adverse events. However, she had suffered a catastrophic response following the accident and, 5 years later, was mobilising over short distances with crutches or in a wheelchair.
C’s experts were gloomy about her prognosis; D’s experts were optimistic about her prognosis, contending that the litigation was a significant impediment to her recovery; further, D asserted that a significant care regime was contraindicated by the condition.
The case settled through negotiation part way between the Parties’ best positions.