Nielson v. Argos 28.04.17
43-year-old Warehouse Worker recovered £539,000 for post traumatic fibromyalgia following a workplace accident – Marcus Grant instructed by Steven Akerman of Brian Barr Solicitors represented the Claimant.
A Warehouse Worker for Argos fell backwards landing heavily on her right sacro-iliac joint and right wrist, sustaining soft tissue injuries. Her ability to achieve restorative sleep was immediately compromised by pain.
Over the ensuring weeks and months the pain evolved and spread to all four quadrants of her body and was accompanied by pervasive fatigue and cognitive impairment.
She continued to battle on at work for c. 2½ years after the accident, relying on sympathetic colleagues to carry her and on powerful neuropathic medication to dull the pain. Over time, she became increasingly depressed about her failing health and then went off work.
She was diagnosed with fibromyalgia that became progressively more disabling. She spent £7,995 on a 3-week residential multi-disciplinary pain management programme that did not break the deadlock of her symptoms. The prognosis for further recovery thereafter was poor.
The Defendant did not accept that her fibromyalgia was post-traumatic; instead it asserted that it represented a constitutional vulnerability that would have occurred in any event, either at around the time of the accident or, alternatively in any event within 6 or 7 years of the accident. It asserted that the prognosis for further recovery was good.
The case settled through negotiation at a joint settlement meeting.