Catastrophic injury claims: a new twist in claims inflation

On Wednesday, the High Court handed down a significant case addressing the assessment of damages for personal injury. In Stewart v Metro North Hospital and Health Service [2025] HCA 34, the High Court considered whether a catastrophically injured Plaintiff was entitled to compensation for the costs of future at home care, rather than institutionalised care, which was less expensive.

The Plaintiff had received negligent treatment at the Metro North Hospital (Incident) which led to him suffer brain damage, right-side paralysis and aphasia. He required 24-hour care. After the Incident the Plaintiff was transferred to a nursing home where his physical and mental health deteriorated because of inadequate treatment, lack of exercise and isolation from his family. The Plaintiff's preference was to receive care at home so his son could visit him and he could continue living with his brother and dog. Dogs were not welcome at the nursing home and visiting hours were