A v. B (Unrep) – 01.05.2018
Marcus Grant, instructed by Phillip Cohen of Brian Barr Solicitors, represented a 41-year-old trainee doctor who sustained soft tissue whiplash injuries in a rear end shunting road accident, which on his case then progressed into a chronic widespread pain condition diagnosed by his experts as fibromyalgia. He was able to continue working, despite his symptoms, but was forced to reduce his hours, which put back the date of his qualification as a doctor. His claim was presented on the basis that he had lost the chance of a more lucrative career in medicine as a consequence of the condition, for which the prognosis of significant further recovery was poor.
The Defendant admitted the soft tissue injury but nothing more. She asserted that the widespread pain condition, diagnosed as fibromyalgia, emerged too long after the car accident to establish a causal nexus and identified an array of alternative stressors in the Claimant’s life that were more likely triggers. Furthermore, she contended that his prognosis was more optimistic and questioned the efficacy of his proposed career model.
The case settled through negotiation part way between the Parties’ best positions.