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£775,000 settlement for a 44-year-old teacher who sustained a migraine variant balance disorder following a blow to her heard from a falling whiteboard. Causation was denied. Marcus represented the Claimant.
She developed classic signs of BPPV and migraine variant balance disorder. Her symptoms were variable in intensity and aggravated by activity. She persevered with her career as a teacher but could not cope.
Her employment was terminated on medical grounds. She developed secondary depression and presented with signs of PPPD.
Her situation was not helped by the Defendant serving surveillance evidence of her struggling to attend their medical appointments in London and then serving reports from their experts advancing malingering as a differential diagnosis. She became more reclusive and mor distressed about her situation after that.
At the approach to the trial past the 6th anniversary of the accident, much of the heat from the bad faith allegations reduced in light of cogent organic explanation of her presentation from the AV experts.
The issues then focussed on the prognosis for enduring symptoms of migraine variant balance disorder, BPPV, PPPD, depression, FND past the 6th anniversary of the accident.
The settlement reflected a compromise between the parties’ best cases 2 months before trial.