M v. S (Unrep) 16.11.2018
Marcus Grant represented a 44-year-old café proprietor who sustained a mild traumatic brain injury and developed chronic neuropathic pain and headaches in a high energy car accident, compromised his claim for damages in the sum of £250,000.
He was left with a syndrome of physical, cognitive, behavioural and psychological symptoms that restricted his stamina for functioning effectively in the workplace and in the home. He presented with several seizures treated by the NHS with anti-convulsants but probably non-epileptic in origin and psychiatrically mediated. He continued to complain of intrusive neuropathic pain that was treated with powerful opiates (Morphine Sulphate initially followed by Oxycodone). The side effects of the addictive medication soon became the principal maintaining factor to his enduring symptoms. He developed an addiction to the Oxycodone, the side effects from which included acute fatigue that so compromised his cognitive function and stamina in the café he ran with his wife.
He had no track record of deriving any income from the café business over several years before the accident and had difficulty demonstrating an obvious loss of earning capacity by reason of his injuries.
He required multidisciplinary treatment and the consensus amongst the medical experts was that his prognosis with optimum treatment was optimistic, provided he could be weaned off the Oxycodone, and that he ought to be fit enough to return to full time manual work if he so chose within 12 months of settlement.
The settlement reflected the fact that the prognosis, whilst broadly optimistic, was far from certain and that there was a complex interplay between the enduring MTBI symptoms and the chronic neuropathic pain, each representing a poor prognostic indicator to the other.