27th March 2017
Jonathan Watt-Pringle QC and Anthony Johnson (instructed by Richard Foyster of Ashtons Legal) represented the Claimant in this employer’s liability matter that settled for £1,425,000 on a 100% basis (£1,140,000 net of a previously agreed 80:20 liability split agreed between the parties) following a JSM attended by both Counsel.
The Claimant, a Warehouse Foreman, was injured in an accident at work when a large container fell onto him. The trauma of the accident caused the Claimant to suffer a number of serious psychiatric problems including severe Depression, which eventually became psychotic, Post-Traumatic Stress Disorder, Generalised Anxiety Disorder and Travel Anxiety. His symptoms were so severe that he experienced suicidal thoughts and required emergency admissions to hospital on a number of occasions. He also suffered permanent physical injury to his right wrist which eventually required fusion, and damage to the right optic nerve.
The most challenging feature of the case was the inherent uncertainty about what the future holds for the Claimant, particularly in respect of his future care. Whilst both parties’ Consultant Psychiatrists broadly agreed upon the diagnosis, each suggested a different approach to the treatment, and there was a marked difference between them on prognosis.