Our client, Johan, was involved in a road traffic collision while riding his Suzuki GSXR motorcycle in July 2022.

He sustained a high-level spinal cord injury, classified as T1 complete paraplegia, which resulted in him having no motor or sensory function below his chest. Contributory negligence for the accident remained in issue throughout.

Personal Injury partner Peregrine Redgrave and associate Shannon Maude acted for Johan alongside Stuart McKechnie KC of Deka Chambers and David Sanderson of 12 King’s Bench Walk.

Post injury complications

Approximately one-year post-injury, Johan was diagnosed with a post-traumatic spinal cord syrinx. This is an uncommon but significant complication of spinal cord injury, which in Johan’s case gave rise to a second level of spinal cord injury and, most notably, caused some right upper limb weakness and sensory deficit.

Summary of the spinal cord injury case key details

• Johan instructed Stewarts to act on his behalf shortly after his injury and whilst he was an in-patient at King’s College Hospital, which allowed us to give early notification of the claim to the defendant.
• Stewarts’ team worked collaboratively with the defendant’s legal team and secured significant interim funding to ensure Johan had the extensive private rehabilitation, equipment and support he needed post-injury.
• Interim funding allowed for a quick and thorough investigation of the post-traumatic spinal cord syrinx under the care of a consultant neurosurgeon at the Cleveland Clinic London. At present, the syrinx is being monitored with six-monthly MRI scans, and surgical intervention will be explored if Johan’s function deteriorates further.
• Johan travelled to Florida on holiday due to its accessibility and inclusivity in activities such as fishing and snorkelling. He and his partner flew business class due to the significant constraints economy or premium economy travel would present, and he benefitted from adapted wheelchair-friendly accommodation and transport while away.
• Following lengthy discussions at a Joint Settlement Meeting, a £14 million settlement was secured in relation to the claim, notwithstanding an allowance for contributory negligence.
• A full and final lump sum only settlement was chosen at the insistence of Johan in preference to having a periodic payment order (PPO) and provisional damages.
• The settlement award will ensure that Johan has financial security during his lifetime, including funds available to cover:
  • Suitably adapted single-level accommodation
  • Significant care and case management support required during his lifetime
  • Ongoing monitoring of his syrinx at the Cleveland Clinic and surgical intervention when appropriate
  • Ongoing access to private physiotherapy, occupational therapy, psychology, hydrotherapy and private medical treatment, including pain management and urological reviews
  • Fertility support and childcare to enable Johan and his partner to start their own family as planned
  • Future equipment needs, including replacement wheelchairs, Triride wheelchair power attachments, stand-up powerchairs, equipment to support independence with personal care and activities of daily living and assistive technology around the home
  • Wheelchair accessible vehicles
  • The significant additional costs of holidays and leisure/sporting activities as a wheelchair user.

How we helped with the spinal injury claim and post injury complications

We approach every claim on a case-by-case basis, and Johan’s claim is a great example of this.

We typically advise our clients that it is essential that their case is settled with an award of provisional damages where there is a recognised risk of developing a serious disease or experiencing serious deterioration in their physical or mental condition as a result of their injury. This mechanism allows an exception to the “full and final” basis of the settlement award. It enables the claimant to revert to the court for further damages if the risk materialises. In a spinal cord injury case, provisional damages are typically claimed in respect of the risk of syringomyelia (otherwise known as a syrinx).

In Johan’s case, this risk had already materialised during the case. Johan was diagnosed with post-traumatic syringomyelia following an MRI scan in August 2023. Our lead expert, Dr Jan Gawronski, advised that Johan was more disabled than the average spinal cord-injured individual with T1 complete paraplegia due to the impairment arising as a consequence of the post-traumatic syrinx. This was taken into account by the other experts instructed in the case (including Johan’s care expert Maggie Sargent) and their opinions on Johan’s future needs reflected this.

While provisional damages arising out of further deterioration caused by the syrinx were pleaded, Johan had strong personal reasons to seek a full and final settlement. This led to further negotiations regarding the valuation of the provisional damages award. Ultimately, Johan agreed to accept an additional £1.5m to “buy off” this award for provisional damages.

Here’s what our client had to say:

Johan and his partner said:

“Honestly, we couldn’t have asked for a better solicitor than Perry. Everything we needed, you sorted for us. We were in very capable hands and never felt like we needed to worry. You and the team are amazing. Thank you for getting us such a great result!”

 

Here’s what the barrister and case manager had to say:

Leading counsel Stuart McKechnie KC said:

“Johan is one of the most delightful claimants I have ever represented. I was so pleased to help achieve this outcome for him, which I believe is one of the highest, if not the highest, lump sum award ever recovered in an adult paraplegia claim. This was a highly complex and unusual case in view of the complications that occurred post-accident. The settlement that has been negotiated will provide Johan with financial security and the ability to live his life to the maximum, which has been his number one priority since the accident occurred. I am grateful to David Sanderson for his invaluable input on liability issues throughout the case.”

Case manager Kerry Lockhart of CA Case Management said:

“Stewarts was able to secure sizeable and frequent interim payments, which meant we were able to achieve the most effective and meaningful rehabilitation outcomes for our client. This enabled us to source a highly-skilled and experienced multi-disciplinary team along with bespoke equipment, clinical consultants and therapy. After long delays, frustrating waiting times and fragmented input while under the care of statutory services, Johan was able to have much quicker access to therapy, equipment and clinical support to maximise his rehabilitation and support his independent living back in the community.”