Soldier suffers catastrophic brain and spinal injuries

Lance Corporal A (aged 33) was en route to serve in the Balkans. He was a passenger in an army Land Rover. The driver lost control and the Land Rover turned over several times. As is common practice in the army, L/C A was not wearing a seat belt and was thrown out of the vehicle.

As a result of the incident he sustained a complete spinal lesion resulting in total paralysis from the chest down, as well as a severe head injury which required a partial frontal brain lobectomy, a severe chest injury and other more minor injuries.

Whilst in hospital he had MRSA, resulting eventually in surgery to remove his left hip. He suffered severe epileptic attacks. Due to his head injury he has lost almost complete vision in one eye, and could lose his vision in the other. He suffers with fatigue. He has severe cognitive problems including restricted short-term memory, lack of insight, lack of concentration, significantly reduced intellectual ability and lack of initiation.

L/C A did not have the capacity to manage his own affairs and will require 24-hour care for the rest of his life. He will never be fit to return to any form of employment and will need life-long specialist equipment and specially adapted accommodation.

Damages of £5.2 million (after a 20% deduction for not wearing a seat belt) were agreed following two-day mediation. The legal costs were paid by the defendant.


Managing Director paralysed in dockyard

Mr X was walking across the holding compound in a dockyard towards an office on the site. An employee of the defendant was driving a dock spotter which loaded goods on and off the ferries. The driver had no alternative but to reverse the dock spotter because the yard was full of containers belonging to the Defendant which prevented his vehicle from turning around.

Mr X was behind another of the Defendant’s vehicles (a lorry) and would have been blocked from the driver’s view. The dock spotter reversed into the back of Mr X knocking him to the ground.

The lorry then collided with Mr X causing him a fracture at L1 (just below the rib cage) and was rendered an incomplete L1 paraplegic. His injury is permanent.

The accident caused excruciating pain. The claimant was taken to hospital where he underwent an operation involving reduction, decompression and instrumentation of the fracture.

He is able to manage walking short distances with crutches. He is otherwise wheelchair-dependent.

The claim was settled for £2,500,000 less a sum to reflect a degree of agreed contributory negligence. The legal costs were paid by the Defendant.