Press Release
7 October 2010
Today the High Court approved the personal injury settlement for Miss Chrissie Johnson, a 20 year old who suffered a catastrophic brain injury in a road traffic collision on 16 November 2006 aged just 16.
Mrs Justice Swift at the Royal Courts of Justice heard Mr Frank Burton QC, barrister for Miss Johnson explain that it was agreed Chrissie will receive a £4 million lump sum payment and £300,000 per year for the rest of her life which would be index linked to carers earnings.
This settlement equates to approximately £12.2million on a conventional capital basis, however, over her lifetime as this is anticipated to be at least another 45 years, Chrissie could expect to receive over £17.5million and therefore this is thought to be one of the largest personal injury awards in England.
In 2006 Chrissie had been a front seated passenger in a car that collided with a lorry travelling in the opposite direction near Harlow in Essex. The car driver was convicted of careless driving at North Weald Magistrates Court in 2007. Liability for collision was admitted by the car drivers' insurers at an early stage.
At the time of the crash, Chrissie had already completed her GCSEs and was keen on pursuing a career as a paramedic. She was an avid Chelsea Football Club fan and played football herself as goalkeeper for a local ladies team.
As a result of the crash, Chrissie suffered a severe brain injury and was left with major cognitive and physical difficulties. Initially she was in a low awareness state, similar to a coma, for almost 12 months. She remains wheelchair dependant, suffers severe difficulties with her intellect, memory, concentration, speech, and her planning and organisational skills. Chrissie continues to receive regular physiotherapy, speech and language therapy, occupational therapy and neuropsychology, which are likely to be provided for the rest of her life.
Chrissie will never work and requires 24 hour care and supervision for the rest of her life. The injury has reduced her life expectancy, but medical experts anticipate she could live in to her mid 60s, if not longer.
The car driver's insurers had made voluntary interim payments totalling £2.2million during this case which have allowed Chrissie to obtain specialist care and therapies, as well as the family being able to move into a much larger rental property, while they searched for a permanent home. Chrissie and her family have recently found a bungalow to purchase in Essex, which would be specially adapted and fitted with a hydrotherapy pool, since being in water is the only opportunity Chrissie has to move her own body.
The compensation monies will be managed by Chrissie's Professional Deputy under the Direction of the Court of Protection.
Speaking after today's hearing, Clare Salmon, Partner in the Personal Injury Department at Stewarts Law, said :
"I am extremely pleased that this settlement will provide Chrissie with financial security for the rest of her life to ensure that her significant care needs are met and paid for.
Chrissie is living proof that there is hope after even the most severe brain injuries. She continues to astound her therapists with her progress, and it is good to see she has retained her great sense of humour. Chrissie's family, her Case Manager and dedicated Care team have all helped her immensely in her ongoing rehabilitation and are a tribute to the ongoing subtle changes that can be made in those with even the most severe brain injury.
"Chrissie is a young woman, who having suffered devastating life changing injuries through no fault of her own, is dependent on her compensation to counter the effects of serious lifelong disabilities. Whilst Lord Young may be looking into the so-called compensation culture, Chrissie is a good example of someone who needs and deserves every penny.
I do not think anyone would choose to put themselves in her shoes and I am sure Chrissie would gladly return the compensation if she could have her health back. If the recent proposals by Lord Justice Jackson are implemented then seriously disabled individuals such as Chrissie would be unable to recover a significant element of their costs and hence will have to pay it out of their compensation. This is manifestly unfair and the Government should look very carefully at these issues before making any changes to the rules."
Chrissie's mother, Gina Smith commented :
"I am grateful that my daughter now has financial security for the rest of her life, but I would of course happily give this all up and more to have my beautiful, smiling angel back to the person she was before this tragedy.
I would like to thank Chrissie's younger brothers and sister for their support, understanding and patience throughout this ordeal, my mum and partner for keeping me sane, my Headway friends for reminding me that we're not alone, and Chrissie's friend Jodie for not giving up on her and always seeing beyond the disability.
Finally, I would like to thank Clare Salmon and Katherine Lennon of Stewarts Law and the barristers Frank Burton and Freya Newbery for doing what they do so well in securing this fantastic settlement for Chrissie."
Ends