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Thompson Smith and Puxon

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Clacton-on-Sea, Colchester

Corbett v Barking, Havering and Brentwood Health Authority.

Early in his career (1991) TSP Clinical Negligence Solicitor, Julian Wilson acted for Mr Corbett in Corbett v Barking, Havering and Brentwood Health Authority. This case went to the Court of Appeal and set a precedent for the calculation of compensation when there has been a significant delay in bringing a claim. The case dealt with a child, then aged 11, claiming damages for the loss of support of his mother who had died two weeks after his birth as a result of medical negligence.

Barrett v Enfield London Borough Council

In 1998 Julian acted¬†for Mr Barrett in Barrett v Enfield London Borough Council. This was a landmark case which went to the¬†House of Lords¬†and changed the law ‚Äď establishing that children who have been taken into care were owed a duty of care by the local authority. This is a case which most law students are required to learn about when studying for their degrees.

Kyle Burch: Birth Injury

More recently Julian worked to provide a more secure financial future for Kyle Burch and his family. Kyle was starved of oxygen at birth after his delivery was delayed by nearly five hours, resulting in severe quadriplegic Cerebral Palsy, mental retardation, epilepsy and partial blindness and deafness. Colchester Hospital accepted 80% liability in the claim and the settlement was approved in the High Court on 4 June 2009. Kyle was awarded a lump sum payment of £1.75million together with periodical payments. Read more here

Samantha Singleton Parkes: Birth Injury

Julian acted for baby Samantha Singleton-Parkes who suffered injury shortly after birth in Colchester Hospital on 28 December 2003. She has Cerebral Palsy. TSP issued proceedings against the hospital on Samantha’s behalf in February 2011 and in July 2012 at a joint settlement meeting the action was compromised (70%) in Samantha’s favour. The compromise was approved by the High Court on 30 July 2012. During 2013 the value of the claim was assessed and in December 2013 a settlement agreement for a lump sum and periodical payments was achieved. The lump sum equivalent of the settlement is approx £4.5 million and this was approved by the Royal Courts of Justice on 28 January 2014. Read more here


Christopher Lines: Medication Error / Monitoring Failure


In March 2012 the TSP Clinical Negligence team settled a claim on behalf of the parents (as litigation

friends) of Christopher Lines. Following his admission to the Lakes Mental Health Unit in Colchester in early June 2008, Christopher, who was 29 at the time, was prescribed an incorrect medication regime at excessive doses. This medication regime reduced his blood oxygen saturation levels, which meant that insufficient oxygen was reaching his brain. Had Christopher been monitored appropriately this lack of oxygen would have been noticed and action could have been taken to rectify the problem; as it was, Christopher was left in an unconscious condition for approximately 18 hours, resulting in profound brain injury. Christopher has been left with very little capacity for communication, very limited use of his arms and legs, and he is entirely dependant on others for all of his daily needs; what is more, his life expectancy has been compromised. The NHS Litigation Authority made a full and frank admission of liability for the claim at a very early stage. Approved by the Royal Courts of Justice in March 2012, Christopher was awarded a lump sum payment of £2.1 million, with annual payments of £205,000 for a care package for the remainder of his life. Capitalised, the total award equates to a lump sum in the region of £6.2 million. Read more here

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