70 years old farmer wins £3.4 million following hospital's failure to diagnose an unstable fracture
Jim Rogers, a 70 years old farmer from the Peak District, received an expected compensation of £3.4 million, following hospital's failure to diagnose and treat a mild neck injury, which resulted in a much more severe injury to his spinal cord leading to paralysis.
In 2004, Jim Rogers, a sheep farmer from the Peak District, suffered a mild neck injury following an accident involving his tractor. He was taken in an Ambulance to his local hospital, Stepping Hill, in Stockport, where unfortunately the staff did not properly check his neck's x-rays and failed to identify and treat an unstable fracture dislocation. Instead, Jim was mobilised, causing a permanent and severe injury to his spinal cord. This left Jim with a much worse injury than had his tractor accident been properly dealt with.
Difficulties in finding suitable accommodation forced Jim to stay in the spinal injuries unit for over 2 years. Following instructing the firm, Stewarts Law managed to obtain an early admission of negligence from the hospital and a substantial interim payment for damages, which allowed Jim to leave the Spinal Injuries Unit and move into an adapted house near his family and friends. Jim, who has no function or sensation below his chest and very little movement in his upper arms, was now able to begin adjusting to his radically altered life.
His needs for care, equipment and accommodation were very significant and a trial was scheduled for October 2007 to decide on the amount of compensation Jim would receive. Lengthy and complex negotiations took place between Stewarts Law and the legal team appointed by the NHS Litigation Authority. Just under one week before the trial, Stewarts Law managed to reach a settlement for Jim which awarded him with a £1 million lump sum, including his previous interim payments, plus £240,000 per annum for the rest of his life. This settlement will not only secure Jim's future by allowing him to afford the high cost of care but will also enable him to visit his farmland and countryside that he always loved.
Since 1 April 2005, Claimants have had the option of taking their damages in one large lump sum or, alternatively, taking a smaller lump sum together with annual periodical payments that continue for as long as the Claimant lives. In cases of severe injury, periodical payments are often used to fund the Claimant's ongoing care. Jim opted to take the majority of his damages by way of a periodical payment which is index linked to protect against inflation.
Jim, now 70 years of age, said soon after the settlement "I now have peace of mind that I will get high quality care for the rest of my life. Stewarts Law have done very well for me".
Frank Pinch, a Partner in the Clinical Negligence Department of Stewarts Law Leeds office, who acted for Jim, said:
"Jim's settlement will hopefully meet his care needs for the rest of his life and enable him to regularly visit his farmland and friends as often as he wishes. Although the hospital's negligence took away much from Jim, I am full of admiration for the way that he and his family have dealt with this sudden and catastrophic change to their lives."