Secondary Victims – Paul & Others v The Royal Wolverhampton NHS Trust

The Claimants (both minors) sought damages for psychiatric injury caused after witnessing the death of their father. Mr Paul had Type II diabetes and related complications. He was admitted to New Cross Hospital in November 2012 with chest and jaw pain. He was treated for acute coronary syndrome and had an echocardiography, but no other cardiac investigations.

In January 2014, Mr Paul was shopping with the Claimants when he collapsed and died. The Claimants witnessed the final moments of their father's life, and suffered from Post-Traumatic Stress Disorder as a result. The Claimants submitted claims for psychiatric injuries against the Defendant as secondary victims. The Defendant applied to have their claims struck out on the basis that the claims had no real prospects of success.