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.
More/2:
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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