Tag Archives: Medical Negligence

Law Firm Field Fisher Waterhouse LLP Has Won Substantial Compensation For The Widow Of A Cyclist Killed In A Fatal Collision With An HGV

The driver of the HGV collided with the cyclist, Stephen Ferguson, despite the fact that Mr Ferguson was directly in front of his vehicle.

In April 2007, Mr Ferguson, a father of three from Dulwich in South East London was cycling to work when he approached a set of traffic lights on red. Passing a stationary HGV, he positioned himself in front of it, ready to cycle off when the lights went green. The driver, whose HGV was missing a nearside mirror, failed to see Mr Ferguson in front of his vehicle and when the lights changed, moved off, driving over Mr Ferguson and his bicycle, killing him instantly.

Mr Ferguson’s widow Emma instructed Field Fisher Waterhouse’s personal injury partner, Jill Greenfield and associate, Mark Bowman to represent her in a claim (Case number: 41899.1) against Hendricks Lovell Limited, the haulage company which employed the driver of the HGV.

Hendricks denied causing the road traffic accident but during investigations it was established that the driver had his radio on, had an open newspaper on the passenger seat and was missing one of his mirrors. Hendricks finally agreed to pay substantial financial compensation to Emma Ferguson and her three young children, now aged six, four and one.

Mark Bowman, solicitor at Field Fisher Waterhouse commented: “This tragic case highlights the danger that HGVs pose to cyclists and why they must be fitted with the correct mirrors. More needs to be done to ensure that cycling in London is safe and that these accidents happen far less.”

Emma Ferguson said: “I would like to thank Field Fisher Waterhouse for all their amazing work. This will make a real difference to the children’s future. I am, and I know Stephen would be, very grateful to them for that.”

 

About Field Fisher Waterhouse LLP
Field Fisher Waterhouse LLP is a full service European law firm with offices in Brussels, Hamburg, Paris, London and Manchester and exclusive relationships with Spanish firm Jiménez de Parga and Italian firm, La Scala. The firm has over 120 partners, 220 other lawyers and nearly 300 support staff. FFW assists a wide range of international clients, advising across the full range of legal issues.

The firm’s main areas of practice are corporate and commercial, IP and technology, banking and finance, regulatory and real estate. FFW also has particular expertise in employment & pensions, dispute resolution, tax and competition & EU law, Medical NegligenceSpinal Injury and Personal Injury Claims.

The international client base includes listed and unlisted companies, multinationals, banks and other financial institutions, professional partnerships, trade associations and Government departments. A distinctive feature of the firm is its industry focus, acknowledged as leading experts in the public sector, technology and media sectors.

Via EPR Network
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2008 – Record Year For Asbestos Claims

In 2008, the Asbestos Claims Group at law firm Field Fisher Waterhouse LLP recovered record levels of compensation for victims of asbestos-related diseases in 124 successful cases, resulting in over £16 million. Over the years, the lawyers in the firm’s Asbestos Claims Group have recovered a total of £132 million in 2025 successful claims.

Some of the significant asbestos claims cases over the past year have included:

– Negotiating an award of £703,000 for the widow and family of a 52 year old partner in an engineering firm who died from mesothelioma following exposure to asbestos at work. This is amongst only a handful of awards exceeding £500,000 across England and Wales.

– Winning £100,000 damages (plus legal costs) for a retired teacher who developed mesothelioma by using drawing pins to pin children’s work to the walls of her prefab classroom, which contained asbestos.

– In a landmark case the firm recovered £12,500 for the value of hospice care as part of a £170,000 settlement for a man who worked with asbestos in 1963 and contracted mesothelioma in 2005. The funding of hospice care is almost exclusively by charitable donation and this is thought to be the first time a firm of solicitors has recovered the cost of care in this way.

– Field Fisher Waterhouse acted for the family of a 75 year old man who died due to mesothelioma, and who used to take care of his grandchildren after school in term times. The defendants initially denied that this was compensatable, since there was no reported precedent for it, however the firm recovered£109,352 at a High Court hearing including £27,960 for the grandchildren’s care.

The FFW team of asbestos lawyers has also been actively lobbying the House of Commons, requesting that the Government overturn the House of Lords ruling that pleural plaques – a scarring of the lining of the lungs as a result of exposure to asbestos – is not a compensatable disease. The team also responded to the Ministry of Justice’s consultation on the Law Lords’ pleural plaques ruling.

Asbestos-related diseases affect thousands of people in the UK each year. Factory workers and labourers are amongst those who are commonly affected, but Field Fisher Waterhouse has also acted on behalf of professionals such as doctors, nurses and teachers who have been exposed to asbestos through their work. Field Fisher Waterhouse LLP is a leader in the field of Asbestos Claims.

Rodney Nelson-Jones, head of the Asbestos Claims group at Field Fisher Waterhouse, said: “I am delighted that in 2008 we were able to win over £16 million in compensation for the victims of these terrible diseases. It is crucial that sufferers and their families receive the compensation they deserve.”

About Field Fisher Waterhouse
Field Fisher Waterhouse LLP is a full-service European law firm with offices in Brussels, Hamburg and London. With 119 partners, over 200 other lawyers and nearly 300 support staff, FFW assist a wide range of international clients, advising across a full range of legal issues.

The main areas of practice are corporate and commercial, IP and technology, banking and finance, regulatory and real estate. Field Fisher Waterhouse LLP also have particular expertise in competition & EU law, dispute resolution, employment, asbestos claims and mesothelioma claims, personal injury, spinal injury cases and medical negligence, public sector and tax.

 

Via EPR Network
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Field Fisher Waterhouse LLP Has Reported The Recovery Of £405,750 Settlement In Erbs Palsy Case

Law firm, Field Fisher Waterhouse LLP, has reported the recovery of £405,750 to a nine-year-old girl, who was injured in 1998 whilst under the care of the Royal Berkshire NHS Foundation Trust; the highest reported settlement in an Erb’s Palsy case of its type.

The claimant was injured during birth as her head was delivered but there were difficulties in delivering the shoulders, known as shoulder dystocia. Field Fisher Waterhouse acted for the claimant in the case that the antenatal care was negligently managed, and there was a failure to deliver by caesarean section. There were further negligent acts and omissions in the obstetric management, including inter alia – the application of strong traction to her head.

As a consequence, she suffered a severe traumatic injury to the nerves supplying her right arm, causing paralysis. She underwent four extensive surgeries to attempt to improve function in her arm in the first seven years of her life. Despite this the claimant has been left with a permanent disability and the right limb remains for all practical purposes, functionless.

The claimant’s mother brought the clinical negligence case against the Royal Berkshire NHS Foundation Trust. Samantha Critchley, a solicitor in the Personal Injury and Medical Negligence Group at Field Fisher Waterhouse, acted for the claimant.

The hospital accepted that there were elements of the management of the labour, which were not appropriate and admitted negligence in the claimant’s care and invited proposals for settlement. After a lengthy negotiation the amount of settlement was agreed, in principle, between the parties.

At an Infant Settlement Hearing at the Royal Courts of Justice on 28 July, the terms of settlement were approved. In addition to the substantial damages recovered by Field Fisher Waterhouse for the claimant, the hospital was also ordered to pay the claimant’s legal costs.

The claimant’s parents said: “We now know that our daughter will have enough money to help her get through the rest of her life. We would encourage any parent to be very patient in a case like this and not to jump at the first offer they are given.”

Samantha Critchley said: “I am delighted to achieve such a significant award on the claimant’s behalf. She is a delightful and brave little girl who will be affected by her disability for the rest of her life. I hope that the compensation will allow her to obtain the necessary support, now and in the future, to ensure she reaches her full potential in life.”

The claimant was represented by Henry Witcomb of 1 Crown Office Row.

About Field Fisher Waterhouse LLP:
Field Fisher Waterhouse LLP is a full-service European law firm with offices in Brussels, Hamburg and London. With 119 partners, over 200 other lawyers and nearly 300 support staff, we assist a wide range of international clients, advising across a full range of legal issues.

The main areas of practice are corporate and commercial, IP and technology, banking and finance, regulatory and real estate. Field Fisher Waterhouse LLP also have particular expertise in competition & EU law, dispute resolution, employment, personal injury and clinical negligence, public sector and tax.

Via EPR Network
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Field Fisher Waterhouse recovers substantial compensation against Barts & the London NHS Trust on behalf of brain-damaged youth

Law firm, Field Fisher Waterhouse LLP has recovered a substantial sum in compensation on behalf of Matthew Ellerbeck, who sustained serious brain damage after contracting herpes at the age of six.

In 1997, Matthew suffered a prolonged convulsion, and was taken in an ambulance to the A&E department of the Royal London Hospital. Herpes Simplex Encephalitis (HSE) should have been suspected, and aciclovir (an antiviral drug) should have been administered immediately. However the drug was not given to Matthew until over 30 hours later.

As a result of this delay, Matthew sustained serious brain damage. He is now 17, and as a result of the brain damage he suffers daily epileptic attacks and severe learning difficulties, as well as serious attention and behavioural problems.

Matthew’s mother, Susan Culling, brought the case against Barts & the London NHS Trust on his behalf in the High Court. Richard Earle, a lawyer in the Personal Injury and Medical Negligence Group at Field Fisher Waterhouse, conducted Matthew’s case to settlement.

The hospital accepted the delay in treating the HSE was negligent, but it argued that most of the damage and subsequent consequences to Matthew would have occurred anyway.

The case had gone on for nine years, in which time a number of concessions were made by the hospital, when a settlement was agreed two months before the case was due to go to trial.

Following this long legal battle, Field Fisher Waterhouse recovered substantial damages. This includes provision for periodical (annual) payments to be made for the rest of Matthew’s life to cover his care and accommodation needs.

Susan Culling said: “I was determined to press on and seek justice for Matthew. I am very pleased at the level of compensation which will make a huge difference to Matthew’s life.”

Richard Earle said: “I am absolutely delighted that substantial damages have been recovered on Matthew’s behalf, in what was an extremely complex case on the medical evidence where both Matthew’s lawyers and medical team had worked extremely hard to overcome the Defendant’s arguments on causation. This will improve the quality of Matthew’s life and provide protection for the future.”

Matthew was represented by James Badenoch QC and Dennis Matthews of Counsel.

About Field Fisher Waterhouse LLP:
Field Fisher Waterhouse LLP is a full-service European law firm with offices in Brussels, Hamburg and London. With 119 partners, over 200 other lawyers and nearly 300 support staff, we assist a wide range of international clients, advising across a full range of legal issues.

The main areas of practice are corporate and commercial, IP and technology, banking and finance, regulatory and real estate. Field Fisher Waterhouse LLP also have particular expertise in competition & EU law, dispute resolution, employment, personal injury and clinical negligence, public sector and tax.

Via EPR Network
More Law press releases