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D v. D

01/04/2025


Citation
Unreported
Dates of case
April 2025

 £1.75m settlement for a 46-year-old warehouse operative who developed CRPS that resulted in mirror spread chronic pain symptoms to two further limbs.

C sustained a crush injury to his left foot with some possible stretching of his left superficial peroneal nerve. On his case developed symptoms of CRPS in that limb and secondary impaired mood diagnosed as a Major Depressive Disorder.  

At the second anniversary of the accident, after attending pain management treatment, he developed a spread of chronic pain symptoms in his right foot.  

As a result, he was unable properly to weight bear through either foot. He developed soft tissue trauma to his shoulders from overuse of crutches.  

At the fifth anniversary of the accident he developed significant chronic pain symptoms in his right arm and hand.   He became significantly disabled by his symptoms.  

D’s experts did not accept his presentation as being genuine. They did not agree with the CRPS diagnosis and suggested that the symptoms in the right hand were self-inflicted.  

D’s experts found his presentation ‘bizarre’ outwith mainstream medicine, raising inferences that he was not honest and that the presentation was not medically explicable.  

Extremely unpleasant litigation ensued which resulted in C accepting a settlement at an undervalue of his claim to buy off the risk that he may fail to discharge the legal and evidential burdens of proving the medicine underpinning his presentation at trial in light of the Defendant’s expert team casting doubt on his veracity.  

Related Barristers

Personal Injury
Clinical Negligence

Marcus Grant

Call 1993

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