18th January 2017
44 year old IT Project Manager recovered £700,000 for the consequences of developing fibromyalgia . Marcus Grant (instructed by Alex Cohen of Brian Barr Solicitors) appeared for the Claimant.
In March 2012 the Claimant sustained a soft tissue ‘whiplash’ injury to his spine in a rear-end shunting road accident. Two weeks after the accident he developed acute deterioration in his neck pain and attended a Minor Injuries Unit whereupon he was advised that he had suffered a fracture to his neck and his head was immobilised in a hard neck collar and he was not permitted to move for 36 hours; he suffered acute distress before a further x-ray excluded any bony injury. He developed anxiety symptoms in addition to pain and suffered disturbed sleep that caused a progressive decline in his health until, over the course of several months, he developed diffuse widespread body pain that became progressively more disabling to the point of rendering him dependent on a wheel chair for mobilising outside the home. The widespread pain condition was diagnosed as fibromyalgia.
The Defendant commissioned evidence to suggest that the presentation was psychiatrically driven and was mediated by a constitutional vulnerability rather than the consequences of the car accident.
The £700,000 settlement of his claim was the product of a negotiation between the Parties, weighing up the credibility, vulnerability and causation risks on the facts of the case.