John Foy QC settles claim of £4.5 million plus PPO of £400,000 per annum

5 Feb, 2019

John Foy QC represented a claimant who was a protected party as a result of clinical negligence resulting from surgery for an aneurysm. The negligence was that of the neuro-radiologist.

The Claimant had a previous aneurysm successfully dealt with so that she had been able to return to work as a schoolteacher. Life expectancy was, therefore, a major issue. The claim settled very shortly before trial for £4.5 million, plus a PPO of £400,000 per annum increasing pursuant to ASHE 6115 80th percentile. There were particular difficulties with the care regime. The Claimant needed double handed care, but it proved impossible to recruit directly hired carers as care experts on both sides recommended. There was evidence that it is difficult to recruit carers in the south-east of England. Agency care was therefore engaged but there remain difficulties with finding one agency to provide 7 daycare and over the last 2 years, a number of different agencies had been tried. There were numerous different estimates of the potential cost of the care regime required. The problems impacted also on the case manager's and Deputy's costs.

The settlement was approved by the Court.


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