News Release

From Antony Hodari & Co., one of Britain's leading personal injury and road traffic accident solicitors

IMMEDIATE RELEASE March 31, 1998

WORLD RECORD 1.25M DAMAGES FOR WHIPLASH-INJURED MOTHER

A MOTHER of three from Manchester has won a world record 1.25 million compensation for whiplash injuries resulting from a minor car crash

Lawyers acting for the 43 year-old former nurse, who does not want to be named, agreed the out-of-court settlement, after her health was ruined by chronic pain, later diagnosed as fibromyalgia, for which there is no cure.

Prior to the collision, explained her solicitor, Antony Hodari, of Manchester-based firm, Antony Hodari & Co., the woman led a normal life, playing a key role in a close-knit and happy family.

That all changed in October, 1988, when she was driving her Toyota Corolla in Manchester and was parked at traffic lights when her car was hit in the back by a Volvo.

The impact jarred her spine and triggered devastating damage to her nervous system that has left her nearly crippled and in continual pain.

She says her personality has changed and, from being a happy, contented person, she is dejected and irritable, haunted by nightmares, and her family life has been destroyed.

In 10 years she has seen more than 25 specialists and spent months in hospital. Now she has difficulty walking even a few steps and relies on a wheelchair.

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Antony Hodari $ Co., 34 High Street, Manchester M4 1AH & 2 Albert Place, London N3 1QB

Tel: FREEPHONE 0800 007 006

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She explained, "At the time of the crash I thought I was just suffering from the usual whiplash, but within hours I was so ill and in such agony I realized it was much more severe.

"It took me four years before I found a specialists who correctly diagnosed I had fibromyalgia - it's a combination of agonizing pains and I feel my whole body is being battered and scalded."

But she added, "I would give back every penny if I could return to having a normal family life. I cry for my husband and daughters, because they, too, are victims, and my heart bleeds for my parents for the years they have sacrificed in helping me."

Her 45-year-old husband has become a full-time career and seen his own health suffer through the stress of trying to run a retail business and look after his wife. He has also injured his back severely, carrying her upstairs.

He said; "It's difficult for others to appreciate how all our lives have suffered as a result of what is normally a minor traffic accident.

"My wife is a very brave woman, who shows great courage. But we can't go out together, we can't plan anything and sometimes the stress on us all is intolerable."

Solicitor Mr. Hodari, whose firm recently won record damages of 1-million for Kim Webb, the Stockport mother who lost two of her triplets she was expecting after she was food-poisoned allegedly by a meal at a Chinese restaurant, said "Though we are pleased with the size of the settlement, the whole affair is tragic - it has devastated an entire family.

"But this a world-record sum of damages for post-traumatic fibromyalgia syndrome resulting from whiplash injuries and we believe it will give fresh hope to other sufferers the world over."

"Even in the United States, where such settlements are normally large, the highest-ever award in a similar case is only $640,000 (about 450,000)."

Robert Stewart, Chairman of the Fibromyalgia Association UK, said "We are staggered by the size of settlement. It will give added credibility to fibromyalgia at a time when we still face ignorance and prejudice of the condition."

END

For further information contact: Hugh Ash Communications, Manchester

Tel: 0161-766 1590/796 6503

Enormous FMS Court Settlement

A woman aged 33 when involved in a road accident in October 1988 has received 1.25 million damages agreed part way through the Court hearing.

The woman led an active social and family life, playing sport and enjoying her work as an agency nurse before a moderate road accident brought all this to end.

Approaching a line of traffic in the city center, she slowed right down, but noticed in her rear view mirror that the large Volvo behind her was not slowing down and was going to crash into her. She gripped the steering wheel and tensed up with fear, in readiness for the impact. She was thrown violently forward and dragged back by her seatbelt. Her whole spine felt jarred.

The woman suffered a severe soft tissue injury to her neck with pain which radiated from the neck into the shoulders. It then spread to between the shoulder blades and into the arms, going down into the lumbar spine. She had a severe throbbing headache.

By four days after the accident the pain was still increasing and spreading, traveling down the back towards the buttocks. There was accompanying paraesthesia in both arms and the back of the thighs. A grating and burning sensation developed in the neck, with pain at the base of the skull. The woman suffered difficulties in swallowing, dizziness and a tendency to veer to the left when walking.

As a result of the accident and ensuing injury, the woman's condition considerably worsened by reason of the onset of severe post-traumatic FMS. Her disability is profound and wide spread. Constant pain is a major feature of her condition.

By July 1989, despite treatment by way of physiotherapy and manipulation, she was unable to cope with housework or look after herself. She needed help getting in and out of the bath and used a seated shower. She walked, but only with care and had neck rigidity. She had domiciliary physiotherapy, a nursing facility at home and home help. She was very depressed and weepy. Of the household tasks, she could achieve only the lightest of dusting and short periods of ironing. Shopping and heavier household tasks had to be done for her by others.

1. She suffered daily paraesthesia and numbness of the ring and small fingers of both hands. She had shown increasing loss of mobility of the shoulders and lumbar spine. Increasing movement tended to aggravate her neck and also aggravate her lumbar spine. She felt a scalding sensation across the top of her back. By November 1990, pain was a major component of her life, she remained very disabled and severe headaches occurred frequently. She was chronically distressed, needed help dressing/undressing and walked only with care.

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2. By May 1991 she remained very disabled and in severe pain. She experienced acute attacks of sciatica and was admitted for intensive rehabilitation with physiotherapy and hydrotherapy. A small improvement resulted, but the woman remained markedly disabled.

3. Her condition deteriorated and by December 1992 she had pain radiating into the groins which was vice-like. She suffered from cervical-brachial pain, constant stiffness, increasingly severe low back pain, hip pain (exacerbated by movement), pain in spasm from the shoulder to the left groin, neck pain and an associated clavicular soreness, pain in both thighs, aching pain radiating down the arms to the elbows. She had painful muscle spasms, chest pain and a feeling of having been battered by someone and then scalded. She rarely went out of the house and spent long periods in bed. She used a wheelchair.

At this time she came under the care of the Regional Rheumatology Centre. For the first time, she was diagnosed as suffering with Fibromyalgia. In 1993, she instructed the writer to take over her case. Desperately little progress had been made on it to this point, partly because nobody had been able to give a diagnosis.

New impetus was given to the legal case. The late Professor Wright and the eminent Manchester Rheumatologist, Professor Jayson, supported the case, but it was dreadful to see the deterioration in the woman's condition. The case was prepared for Trial, but every examination by a doctor was a tremendous ordeal, dreaded before it happened and leaving the woman racked with pain sometimes for months afterwards. Short-tempered and irritable, her family life has been greatly interfered with and her marriage put under great strain.

Thankfully, this victim has received massive support from her parents, her children and her husband. She needs help with the use of the toilet, showering/bathing, hair-care, drying after washing, feet care, dressing/undressing and all housework has to be done by others. If she were to go out she would have to be driven.

At the time of her accident the woman was a highly regarded qualified nurse working for an agency. She had intended to work full-time as her youngest child went into infants school and her claim for loss of earnings was based on her never being able to work again. She was compensated for the past care that she had received from her husband, parents and children and a very substantial claim was made for the future care that she would need from agency careers so that in particular her husband would be freed to be able to do his work and the normal gardening, maintenance and DIY work around the house.

There was a substantial claim for aids and equipment. A claim was made for adaptations and an extension to her property and she also claimed for the cost of a modest-size hydrotherapy tank. There were more minor claims for past and likely future physiotherapy, hospital admission and home dental treatment as well as the additional cost of holidays.

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The Defendants paid over 600,000.00 into Court in 1996. The woman was advised not to accept that offer, even though the Defendants only valued the claim in their Counter-Schedule at 431,000.00. The case proceeded to Trial where the woman and her husband gave evidence, as did Professor Jayson and the Consultant Psychiatrist, Dr. Hay. All held firm in the face of considerable cross-examination and the Defendants then put forward a settlement figure of 1.25 million which was accepted.

COMMENT

This was a very substantial and complex case. The Plaintiff was clearly genuine and it was harrowing to see a deterioration in her and the consequent enormous strain on her family. Nevertheless, she now has the means to invest in the much needed hydrotherapy tank, set up an appropriate care regime and bring up her family so that they can revert to a more balanced and less stressful life style. Post-traumatic FMS has been little understood in the past, but is undoubtedly capable of being severely disabling condition. Some doctors and lawyers are now recognizing this, even in cases not as serious as this one.

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