Stuart McKechnie, acting in conjunction with Rob Weir QC, has settled a claim involving severe traumatic brain injury (TBI) and spinal cord injury (ASIA grade C, at level T6) resulting from a motorcycle accident. Unfortunately, the Claimant subsequently suffered from complications with a syrinx that extended to the body of C2 and required urgent neurosurgical treatment in the form of cervical laminectomy and the insertion of a shunt and drain into the spinal cord. This led to further neurological deterioration and pain, most importantly in the right arm/hand. The case involved complex issues of quantum, including the appropriate quantification of life expectancy of a paraplegic with a high level (controlled) syrinx. The claim for accommodation was compromised separately incorporating a conventional Roberts v. Johnstone calculation (the settlement of this head of loss having been achieved before the reduction in the discount rate in 2017), with the remaining heads of loss compromised at a settlement meeting in November 2017 at £8.2 million lump sum. The Claimant is entitled to return to court for further damages in the event of further deterioration in his syrinx. Approval was obtained at the High Court to avoid any question marks over the validity of settlement in view of conflicting opinions on capacity.
Stuart was instructed by Kimberley Owen at Minster Law.
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