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09/03/2023
£625,000 settlement for a 53-year-old healthcare assistant who sustained vestibular and psychiatric injuries in an assault by a patient in the course of her employment. Liability was admitted. Marcus represented the Claimant.
She was punched in the face by a mental health patient. She developed visual disturbance, dizziness, nausea, fatigue, photophobia, phonophobia, motion intolerance and fatigue. When fatigued, she presented with an array of secondary cognitive difficulties. Also, she became profoundly depressed and was unable to return to work.
Audiovestibular assessment identified “right-sided, BPPV, right, circular, macular, hypofunction, left, lateral, semi-circular, canal, hypofunction, two, ultra-low frequency stimulation”.
She developed an acute reactive psychiatric response fulfilling the diagnostic criteria of “Persistent Postural Perceptual Dizziness (PPPD)”. She suffered secondary falls, one of which injured her shoulder, causing “adhesive capsulitis”. The prognosis for significant further recovery was guarded.
The case settled through negotiation.