Portsmouth lady wins clinical negligence claim against the MoD

Blake Lapthorn Tarlo Lyons is pleased to announce that its client, Mrs Grannia East from Portsmouth, won her case in a landmark judgment made in the Court of Appeal on Tuesday 29 July 2008.

In Autumn 2007 Grannia’s case was tried in the High Court in an action for clinical negligence against the MoD, who used to run the Royal Haslar Hospital where she was treated for gallstones but sustained severe brain damage.  As a result of her injuries, Grannia is now confined to a wheelchair.  She needs daily care and her memory and understanding are very badly affected.  Her husband, Mr Shaun East, looks after her full time.

The MoD had denied liability but lost in the High Court in the judgment made by Mr Justice Foskett.  They appealed on three grounds: denying negligence, the medical consequences and they also against the Judge’s interpretation of the law.  The case was heard in the Court of Appeal by Lord Justice Waller, President of the Civil Division, Lord Justice Sedley and Lady Justice Smith.  In a unanimous decision the MoD’s appeal was dismissed and the decision of the High Court giving judgment in favour of Mrs East was upheld.

John White from law firm, Blake Lapthorn Tarlo Lyons, said: “This was a very complex and hard fought case, being tried both in the High Court and the Court of Appeal.  I am delighted for Mrs East that her future care needs will now be secured.  The claim will be quantified and Mrs East will receive an award of damages in excess of £2 million, which will make provision for the care and therapies that she needs."

This case is of significant legal importance to our clinical negligence practice at the firm.  The case follows a line of legal authorities dealing with some of the most complex medical issues where there are multiple causes of an injury but defining what happened is on the limits of medical science. This result puts us firmly at the forefront of the leaders in the field of clinical negligence cases”.

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Contact:

For more information contact John White in Blake Lapthorn Tarlo Lyons' Litigation Dispute Resolution team on 01489 555293 or email john.white@bllaw.co.uk