14th March 2016
Marcus Grant appeared for the Claimant
Marcus Grant (instructed by Colin Cook of Hatch Brenner) appeared for the Claimant in an action arising out of a car accident. The Claimant, then a 26-year-old Open University Student was in a car struck from behind. She sustained a Whiplash Associated Disorder that progressed into a chronic pain condition comprising localised intrusive neck and low back pain together with a cluster of cognitive symptoms, fatigue and reactive depressive symptoms. 2 years after the accident she was forced to give up her studies and, after the 3rd anniversary of the accident her fatigue became more profound. It was diagnosed mistakenly as CFS/ME/Fibromyalgia. On her case the steady decline in her heart was attributable to the direct and indirect consequences of the accident. The Defendant’s experts contended that whilst the chronic pain symptoms were probably attributable to the accident, the prominent fatigue was not and was attributable to a pre-accident tendency to chronic fatigue that coincidentally presented itself three years after the accident for reasons unrelated to it. He contended that the fatigue was the mediating source of her disability, not the pain and that its became intrusive too long after the accident to be attributed to it; furthermore, the Defendant contended that the physical injuries would respond well to further treatment thereby terminating any ongoing loss of earning capacity that the Claimant might be able to establish. The case settled through negotiation.