C v.D (Unrep) – 07.07.2018
21st August 2018
Marcus Grant represented a 55-year-old benefits assistant who recovered £400,000 net of CRU and interims in respect of a centrally sensitized chronic pain condition (diagnosed as ‘fibromyalgia’) that developed following a rear end shunting road accident causing soft tissue injury.
On her case the chronic widespread pain emerged over the course of 6 months following the road accident, the mechanism being pain-induced sleep disturbance.
The enduring symptoms at the 4th anniversary of the accident were sufficient to prevent her from working and in need of some care and assistance at home, which had been provided by her husband.
The claim was defended on the basis that the mechanism of the chronic widespread pain was rejected, and that the symptoms were probably a manifestation of psychological vulnerability that pre-dated the accident; further, that the litigation had sought to maintain the intensity of the symptoms that would likely recede with appropriate psychologically based treatment and that the provision of care was contraindicated by the condition which required her to keep active and to be self caring.
The case settled through negotiation part way between the Parties’ best positions.