TXN (A Protected Party, suing by his Litigation Friend FXP) v West Midlands Ambulance Service NHS Trust

30/01/2026

Peter Freeman represented D in relation to a catastrophic RTA that occurred on 8^th February 2014 in which C sustained a severe Traumatic Brain Injury.  C’s pre-accident lifestyle was variously described as “impoverished” and “chaotic”.   Post-accident, when C regained consciousness in hospital, he absconded and variously refused treatment or failed to attend but, on other occasions was admitted to in-patient de-toxification and rehabilitation and engaged with those programmes.   Nevertheless, the years post-accident were marked by excessive alcohol consumption, drugs, criminality and violence.

Liability was resolved and approved in 2020.

Expert quantum evidence covered:  Neurology, Neuropsychiatry, Neuropsychology, Neuroradiology, Hepatology, Occupational Therapy, Care and Life Expectancy, etc..

There was significant dispute on a wide variety of issues including:

1. Whether in addition to significant TBI, C also had Alcohol Related Brain Damage (ARBD)
2. Whether it was possible to distinguish the effects of TBI and ARBD on radiology;
3. Whether ARBD was a consequence of the accident or a continuation or consequence of unrelated lifestyle;
4. Whether TBI and / or ARDB caused Disability Adjusted Life Years (DALYs) and if so, what was the appropriate apportionment.

Almost 12 years post-accident, a confidential settlement was approved by the Court.