S v. Kepak Group [2019]

£4.75 million settlement for 37 year old man who suffered extensive lower limb and abdominal injuries in a workplace accident resulting in a transfemoral amputation. Primary liability was admitted but allegations of contributory negligence were pursued and resisted. As a result of ongoing complications to the stump limiting prosthetic usage, the Claimant decided to undergo osseo-integration surgery under the care of Professor Al-Muderis in Sydney, Australia. An application for an interim payment to fund such surgery was made and conceded by the Defendant at the 11th hour before a contested hearing. The surgery was successful in improving the Claimant’s prosthetic tolerance and quality of life. The case settled approximately 3 months after a failed JSM where the Defendant’s final offer was £4.2 million. During the interim period the Claimant had rejected further improved offers from the Defendant before accepting £4.75 million. The settlement included provision for O-I surgery and future medical treatment / therapies, loss of earnings, care, prosthetics and adapted single level accommodation. Stuart was instructed by Rob Aylott at Osbornes solicitors.