Recent & ongoing cases

  • Farraj v (1) King's Healthcare NHS Trust (2) Cytogenetic DNA Services Ltd [2009] EWCA Civ 1203: LTL 13/11/2009 : (2010) Med LR 1 : (2010) 11 BMLR 131 : (2010) PIQR P7, The Court of Appeal held that a hospital did not owe a non-delegable duty of care in respect of the genetic testing of a tissue sample which was sent to be cultured by a reputable independent cytogenetics laboratory.  Martin Spencer QC and Jane Mishcon were the successful Appellants on behalf of the First Defendant.
  • Iqbal v Whipps Cross University NHS Trust, a significant decision by Court of Appeal that damages for the "lost years" are not recoverable in the case of infant claimants. 
  • Purver v Winchester and Eastleigh NHS Trust, a difficult cerebral palsy claim relating to delivery following failed trial of forceps in theatre.
  • Swift v Wiltshire Healthcare NHS Trust, a cerebral palsy case with a value of c. £2 million, involving serious allegations against midwifery/medical staff of forged or "reconstituted" medical records. Difficult causation issues, including consideration of the issues raised by Thompson v Bradford and Brown v Lewisham HA. Case settled for substantial sum at trial.
  • Hospital Acquired Infection cases, involved generic advice to NHSLA and several firms of solicitors on various issues relating to hospital acquired infections, in particular MRSA. Currently instructed on behalf of the NHS on several individual MRSA cases.
  • Kernoff v University College London Hospitals NHS Trust, an unusual claim factually and brought on behalf of wheelchair user for delays and inadequate hospital treatment alleged to have resulted from breaches of the Disability Discrimination Act 1995 and the Human Rights Act 1998.
  • St George v Home Office, established negligence in caring for an epileptic prisoner who suffered a seizure following his admission and as a result of withdrawal from alcohol and drugs. On causation, the case established for the first time that a blow to the head caused status epilepticus (continuous seizures) and that the extensive brain damage was caused by the failure on the part of the prison medical staff to protect his airway.