S v. D
£1.15m settlement for a 64-year-old part time Judge and part time solicitor advocate who sustained a concussive head injury and soft tissue injuries in a road accident on a motorway.
Before the accident S was operating at a high intellectual level with a significant workload. In addition to discharge his judicial and advocacy roles, he also devoted time to complex property development.
He had a complicated clinical history, but it did not prevent him from functioning at a high level.
In the accident he sustained no more than a ‘possible symptomatic TBI’ under the Mayo Clinic criteria and yet presented with profound cognitive slowing and significant behavioural / personality changes that combined to prevent him from being able to return to any of his pre-accident professional activities effectively.
He sustained a subtle vestibular injury to one of his utricles that was revealed several years post-accident following a meticulous medico-legal examination.
He went on to develop chronic pain from the soft tissue injuries that did not follow a standard pathway to full resolutiuon.
He tried, preserved and ultimately failed to salvage his judicial and advocacy careers and was forced to retire earlier than he wanted to. Also, he was unable to run the property development side of his life profitably.
It was an extremely complex case that gave rise to thorny medical and causation issues that ultimately fell out in a negotiated settlement of the above sum shortly after the first CCMC.