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01/08/2024
£525,000 settlement of a vestibular injury claim.
C was struck on the head by a spindle and developed an array of post-concussion symptoms that on his case were a manifestation of vestibular migraine triggered by damage to his right saccule and left utricle in his inner ear against the backdrop of a mTBI and a vulnerability to anxiety.
D was generally dismissive of the medicine underpinning C’s claim, instead contending that his presentation was explained by misattribution and the iatrogenic consequences of being told wrongly that he had sustained a TBI.
C was resilient and pushed himself hard to work 4 days pw and advanced his case on the basis that his career trajectory had been compromised by having to buffer the enduring symptoms of his vestibular injury.
Met with a wave of disbelief by D, C was unable to secure funding for any extensive MDT treatment. By the time of settlement on the eve of trial > 5 years later, the prognosis for significant improvement with late treatment was guarded.
D valued the claim at £38,000. The parties moved away from their best positions to secure a negotiated settlement.