Temple Garden Chambers is a leading common law set based in London and The Hague.
With excellence from top to bottom Chambers provides a first class service in a number of different fields.
Temple Garden Chambers is a leading common law set based in London and The Hague.
With excellence from top to bottom Chambers provides a first class service in a number of different fields.
23/07/2023
£700,000 settlement for a 44-year-old dinner lady who developed CRPS, FMS and PTSD after being struck on her wrist by a falling ladder at work. Causation was denied. Marcus represented the Claimant.
Within weeks of the accident, she developed signs of CRPS satisfying the Budapest criteria. She became increasingly distressed by her pain and suffered profound sleep disturbance, caused both by the pain and by the PTSD-re-experiencing phenomena.
She went onto developed chronic widespread pain, satisfying the criteria for Fibromyalgia Syndrome (FMS), attributable to the sleep disturbance, itself caused by the primary injuries sustained in the accident.
C was able to demonstrate that all other facets of her life before and after the accident were stable; there was no alternative stressor to explain the onset of symptoms.
Her pre-accident history contained one unusual episode of symptoms that were difficult to explain medically 5 years before the accident, from which she made a full recovery.
The defendant and its experts did not accept CRPS as a viable diagnosis and did not accept the causal nexus between trauma and FMS.
There was significant dispute as to the need for ongoing care on a clinical basis; C arguing that her situation was so bad that she required external private care. D arguing that such care was counter-intuitive and likely to lead to a misplaced loss of dependence.
D argued that her symptoms were psychologically mediated and would settle down after the litigation ended.
The claim settled through negotiation.
