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23/03/2023
£488,000 settlement for an 80-year-old retired who developed Lewy body dementia 19 months after sustaining a head injury after a fall in a public liability accident. Liability was admitted. Marcus represented the Claimant.
She was struck on the head by a plying parasol and fell backwards striking her head. She sustained a moderately severe TBI, characterised by a significant subdural haematoma and suffered symptoms commonly associated with that condition in elderly people.
14 months after the accident, her family observed signs of psychosis in her behaviour. She was investigated and Lewy body dementia was diagnosed at the 19th month anniversary.
She required 24/7 care. It proved difficult to secure that care, in part because of her geographical location, and in part because local private nursing and residential care homes could not accommodate her psychotic behaviours.
By the time of settlement, she had a life expectancy of 20 months.
Neurological evidence indicated that the head injury was the subdural haematoma was the operating trigger for the subsequent onset on that strain of dementia, characterized by psychosis.
The case settled through negotiation and subsequently was approved by Master Stevens.