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01/11/2023
£1.1m settlement for a 31-year-old naval rating who sustained a mild hypoxic brain injury when he was electrocuted on board a naval vessel. Causation was denied. Marcus represented the Claimant.
He developed a classic cluster of enduring symptoms following hypoxia, the most prominent of which were heightened mental fatigue and loss of motivation.
He was honourably discharged from the Navy on medical grounds and encountered significant difficulty coping with full time work in civilian life.
His neuro-expert team recommended provision of MDT support from a support worker and case manager to help him rehabilitate back into some low-level part time employment with a contingency to cope with adverse life events thereafter.
The Defendant’s experts were more optimistic about his future prognosis and work capabilities and felt that MDT support would foster an unwarranted dependency on support that would become self-fulfilling. The Defendant was not prepared to countenance anything more than a short burst of rehabilitation.
The case settled through negotiation shortly before an 4 day trial.