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A 41-year-old warehouse worker recovered £1.146m in a negotiated settlement in respect of a brachial plexus injury and consequential losses sustained in a motorcycle accident.
He underwent two surgeries to effect a tendon transfer in an attempt to recover some of the lost movement in the arm; the surgeries failed and resulted in him developing acute abdominal infections which left him in a critical state for over 12 months.
The case was rendered more difficult to value because of a congenital immunodeficiency disorder that had implications to his life expectancy, and to his ability to his ability to have worked through to retirement age in the absence of the accident. Also he was a brain injury survivor having sustained a very severe TBI 20 years earlier.
He intimated a claim for MyoPro orthoses from the US to provide greater function to his flail arm, which was a novel head of claim in the UK.
In addition the Defendants maintained allegations of contributory negligence.
The case settled through negotiation against that evidential matrix.