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info ==== ==== Top Ten Personal Injury News Items in July July was a busy month for the personal injury sector. Here is our pick of the top ten personal injury news items to come out of the month. 10. Cadbury's Worker Makes Successful Asbestos Claim A retired publications officer who used to work at Cadbury's Bournville factory has received a six figure compensation sum after he developed mesothelioma, a cancer associated with asbestos exposure. Brian Harrison worked for the company between 1954 and 1962, often spending his time interviewing colleagues for the monthly works magazine. He recalls that he conducted many an interview with workers who were stripping and repairing asbestos pipes, with the exposure eventually leading to him being diagnosed with mesothelioma in July 2009 when, as he recalls, "I enjoyed good health until I noticed during my weekly swim that I seemed to be struggling for breath. I was diagnosed with mesothelioma after a lot of tests and I was so shocked that I initially told the doctors that I couldn't recall having been exposed to asbestos. But when I had time to reflect on the working conditions at the factory it became obvious that I was. There were no warnings given by my employer about the dangers of asbestos." Mr Harrison made a successful personal injury claim for his exposure to the deadly substance in the workplace, which is known to cause many health problems ranging from mesothelioma to various lung diseases. 9. Disabled Boy Awarded Massive Compensation Payout A boy left disabled after medics gave the wrong drugs to his mother has been awarded millions in personal injury compensation for the Durham and Darlington Foundation Trust after he went on to develop cerebral palsy. The trust admitted liability for their medical negligence, including a delay that took place during the child's delivery, and the decision has delighted his mother, Gina, who says that her son is an "adorable character" and that "It has been a difficult few years, but now we can look forward and achieve something positive out of a tragic situation". Medical negligence can lead to catastrophic and even fatal injuries, and so must be guarded against vigilantly by all medical staff. 8. Woman Awarded Multi-Million Dollar Compensation From Ford A California woman has been awarded over $20million in damages from the Ford Motor Co. after

she suffered a car accident in her 1997 Ford Explorer that resulted in her being rendered quadriplegic as a result of her catastrophic injuries. Cynthis Castillo's personal injury solicitor successfully made the argument that, as her Ford Explorer was travelling down the freeway the left-rear tire suddenly detreaded, leaving her unable to control the car and veering off the road before rolling three times down an embankment. Her compensation lawyer successfully argued that design flaws in the vehicle caused this, leaving Ford responsible for any damages. The personal injury lawyers also provided evidence that Ford's management had refused to pay for safety improvements, despite engineers at the company having found a way to improve the vehicle's stability, leaving it more liable to be involved in a serious accident. Ford counter-argued that the worn out tire that the claimant had placed on the vehicle was to blame for the accident and that there were no design flaws in the Ford Explorer, however a jury unanimously awarded the verdict in favour of Ms Castillo, awarding her $23.4million in damages that included payment for both loss in quality of life and the medical bills that she had and will face. Ford currently harbours plans to appeal the decision. 7. Woman Granted Compensation for Abuse Suffered Under the Care of the Church The Church of England has made a compensation payout to a woman who claimed to have suffered years of abuse at a children's home run by the church. Teresa Cooper made the claim after she argued that the abuse she suffered led to her three children being born with birth defects. In the process of making the compensation claim she also found 18 other previous occupants of the home, all of whom had children that had been born with birth difficulties. Mrs Cooper contended that her abuse consisted of being sedated with tranquilizers and antidepressants more than 1,200 times, as well as being sexually assaulted and violently restrained if she tried to fight off her attackers. She has three children, all of whom have been born with a defect of some form, and she contended that this treatment led to these disabilities. After an 18 year campaign for justice, Mrs Cooper has finally been granted her compensation, and now wishes for the Government to launch an inquiry into the care home, stating that "I want to make sure the Church of England understands and publicly acknowledges what happened to me and dozens of other girls at Kendal House and I would like to see a genuine Christian will to help others who suffered like me." 6. Man Dies as a Result of Father's Exposure to Asbestos A man has died of the asbestos related cancer Mesothelioma after being exposed to the deadly substance due to his father working with it when he was a child. Keith Baker, aged 57 of Chipperfield, died on June 3rd after developing a cough in 2009 and suffering shortness of breath which was eventually diagnosed as Mesothelioma in September of last year. Depsite undergoing chemotherapy, his condition deteriorated and he passed early last month.

Coroner Edward Thomas stated that "Dr Robert Rudd examined Mr Baker's medical records and those of his father, Kenneth Baker, who died in 2004 from industrial disease. Mr Keith Baker told his solicitors that although he was not exposed to asbestos while working, his father Kenneth Baker was - he would come home with his overalls covered in asbestos dust." It is unknown at this point whether his family will make a compensation claim for the asbestos related death. 5. Ministry of Justice to Investigate Personal Injury Text Pests The Ministry of Justice is believed to be investigating the increasing wave of personal injury organisations sending unsolicited text messages to mobile phone users, advertising personal injury solicitors and services after motor insurers blamed increased amounts of compensation claims for falling profits and a study demonstrated that 15% of claims had arisen when a customer was contacted by text or email. Mark Brill, chair of the Direct Marketing Association's (DMA) mobile council has stated that such methods may be in breach of the Compensation Act 2006, stating that "If it is a personal account, then people they contact should have directly opted-in, or at the very least, made a soft opt-in as a result of an enquiry or previous purchase. To send messages to people who haven't is a breach of regulations. The company should also identify themselves in this kind of communication," The Claims Standards Council (CSC) has claimed that this practice is frowned upon, however there is little they can do to prevent it as disciplinary action comes under the remit of the Ministry of Justice, with the CSC claiming that "There is nothing we can do other than warn them." 4. Thief to Make Compensation Claim for Public Humiliation A man who was forced to walk the streets wearing a sign declaring him a thief after he was caught stealing from his employer is now to file a compensation claim for the humiliation he suffered during the ordeal. Mark Gilbert was marched to the police station with his hands secured behind his back by former employer Simon Cremer after being caught stealing 845. Mr Cremer forced Mr Gilbert to wear a sign around his neck that stated "THIEF - I stole 845 am on my way to police station" after Mr Cremer caught Gilbert forging a cheque to himself from the company. For his part, Mr Gilbert claims the money was wages owed to him and that he needed it desperately. He was cautioned after 4 hours in police custody before being released and is now making a 90,000 compensation claim for lost earnings after the incident, in which Mr Gilbert claims he suffered psychological trauma that has left him unable to return to work. 3. July 7th Victims Receive Compensation From CICA Victims of the July 7th terrorist attacks in London have thus far received a total of 11million in compensation after 650 claims were made in the wake of the bombings. Of those claims, 71 have been rejected and seven are still awaiting some form of compensation payout from CICA.

A spokesperson for CICA states that "The vast majority of the claims have been settled and we have made interim payments in every outstanding case. It's often in the best interests of victims that we don't settle a claim too early. It can sometimes take years for a full medical prognosis to become clear, particularly when we need to make detailed assessments of things like loss of earnings." It is believed that a number of the claims were eligible for the maximum 500,000 payout from the organisation, though some were rejected on the grounds that the injuries suffered were not serious enough to qualify for the minimum payout of 1,000. 2. Care Home Sued After Murder of Patient The family of a woman who died in a care home in Cheshire is to sue after she was killed by a carer who was supposed to look after her. Christopher Bowyer started a fire in the room of Mary Bennett, a 79 year old dementia patient, using a cigarette lighter. The pensioner suffered severe burns during the incident, and died from her injuries a week later. Mr Bowyer was convicted of murder and sentenced to 27 years in prison, however the family of Mrs Bennett, specifically her son Peter and his wife Sandra have started legal proceedings against the foundry that runs that home. They state that the compensation claim for the fatal accident is less about money and more about principle, as they wish to highlight that proper checks should be carried out on all potential employees. Mr Bowyer's criminal check revealed no convictions, however a check on his medical records revealed after the incident showed that he had a history of starting fires. This has caused the Bennetts to seek personal injury compensation for vicarious liability against the home, on the grounds that the employer is liable for the actions of an employee during their time of employment. 1. Councils Pay Out 82million in Compensation for Slips and Trips Recent figures have been unveiled which show that councils in the UK have paid out more than 82million in the last five years for personal injury claims made as a result of somebody being the victim of a slip or trip as a result of uneven roads and pavements. Leeds Council alone has paid out 10million in that time period, with the average across each council amounting to around 1million. There has been a recent surge in compensation claims in this respect after pavements were damaged by the frost in the recent cold spell. However local councils are still responsible for maintaining footpaths and must show that they have a reasonable system in place to maintain the pavements. If this is proven not to be the case then victims of slips and trips become eligible to make a personal injury compensation claim.

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