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K v. M

01/08/2024


Citation
Unreported
Dates of case
August 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.

Related Barristers

Personal Injury
Clinical Negligence

Marcus Grant

Call 1993

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Related Practice Areas

Personal Injury

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