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Chambers & Partners
13/02/2020

RE: M – on the 15th January 2020 HHJ Freedman settlement approved of 17.9 million plus provisional damages in a catastrophic injury case

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On the 15th January 2020 a lump sum settlement of 17.9 Million with provisional damages for the risk of further surgery to her ankles approved by HHJ Freedman QC in the High Court in a catastrophic injury case in which the Claimant required lifelong around the clock two to one care with a significant accommodation and assistive technologies claim. The Claimant was young and had a modestly reduced life expectancy but lacked capacity to litigate or manage her own affairs.  David was led by Paul Rose QC and was brought in specifically to consider the issues surrounding a Peters undertaking where the CCG was providing the full care package recommended by the Claimants care expert but she wished to claim the future costs on a private basis sparing the NHS a very substantial burden. This was successfully achieved at the second JSM the first having collapsed due to our unwillingness to consider entering a reverse indemnity that would have meant we claimed first from the NHS and only if they declined to fund would the Defendant be liable.

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