Jamie was diagnosed with congenital bilateral cataracts when he
was four months old. He underwent surgery to treat the cataracts
and restore his vision to a level of 6/60. The surgery failed and
Jamie was left completely blind.
In addition to blindness, Jamie also suffers with severe
developmental, intellectual and behavioural problems which means he
requires a lot of care and special education.
Paul McNeil took over Jamie's
case from a firm of solicitors in Liverpool who hadn't managed to
settle the claim in 5 years. They had been instructed in 1994 and
Paul McNeil took over the claim in 1999.
Shortly after we were instructed, the Health Authority
accepted that the cataract surgery had not been performed to the
required standard and that this negligent treatment had caused
Jamie's blindness.
There was a substantial dispute as to the extent to which
Jamie’s blindness could have caused or at least materially
contributed to his other severely disabling problems.
There is research which indicates that blindness in children can
seriously impair their social and intellectual development,
resulting behavioural and learning difficulties and can cause or
contribute to autism from which Jamie has been thought to
suffer.
At the time of our instructions, the defendant had paid
into court the sum of £350,000.
In the short time available we managed to strengthen the case
both on causation and quantum of damages.
Negotiations took place between the parties and on the 20
October 1999 Mrs Justice Hallett approved a settlement in the sum
of £720,000 together with costs.
This money will ensure that all of Jamie's rehabilitation,
treatment, education, care and accommodation needs are met.
For further information or if you have a ophthalmology negligence compensation claim,
call Paul McNeil on 020 7861
4019 or email paul.mcneil@ffw.com
You can also speak to any member of our medical negligence
team on freephone 0800 358 3848,
email personalinjury@ffw.com or
complete our short enquiry form.