DEF v. S & M (Unrep) 15.12.20
Ellenbogen J approved a £12m settlement for a 24-year-old who sustained a severe brain injury in a road accident aged 9.
She sustained poly trauma including visible white-matter damage on CT to her frontal and temporal lobes.
Whilst she made a relatively good recovery in terms of her cognitive functioning, neuropsychometric testing revealed some enduring weaknesses.
16 years later at the time of settlement aged 24, she presented with significant difficulties with inhibition, cognitive shifting, emotional control, self-monitoring, initiation, working memory, planning and organising, task monitoring and organising materials. She also presented with functional non-epileptic seizures.
By reason of her very severe executive difficulties including poor regulation, she was unable to lead an independent life.
The critical questions in the quantification of her claim revolved around the extent that the scaffolding of her support regime may be reduced over time in the future, her life expectancy, the likelihood of becoming a mother and the feasibility of her forming a sustainable relationship which may reduce her need for professional care.
The claim was settled through negotiation and approved by Ellenbogen J.