Mrs W had a rare genetic condition where she suffered from learning difficulties and was described as having the mental abilities of a young child.
Mrs W was being cared for at a day care centre and required constant supervision. As she left the care centre, she fell off a ramp, that did not have a handrail, and became trapped and injured in the gap. She sustained significant orthopaedic injuries including a dislocated knee and fractured ankle.
The medical evidence initially suggested that Mrs W would make a full recovery within a year. However, her inability to engage in the rehabilitation process had not been taken into consideration and further medical evidence found she was likely to have ongoing mobility issues.
Support and specialist advice
What could not have been foreseen was that Mrs W had a second fall as a result of her injuries, which caused her to have further reduced mobility. The defendants attempted to dispute that the second fall only occurred as a result of her injuries. However, our experienced team were able to obtain an expert’s opinion which proved this, causing the defendants to accept our point.
This matter was further complicated by Mrs W’s rare condition (Williams Syndrome), which caused her to likely have a reduced life expectancy. However, we were able to obtain a report from an expert in this field which confirmed that genetics had improved considerably from when she was diagnosed and that she did not, in fact, have Williams Syndrome, but rather another congenital genetic condition. We, therefore, argued that Mrs W would have a normal life expectancy. This was ultimately accepted.
A six-figure settlement was agreed and approved by the High Court. This included funds for adapting the family home, Court of Protection and Professional Deputy fees, as well as funds for further care and assistance.
Mrs W’s family were extremely pleased with the result and are looking forward to moving on with the rest of their lives knowing that she will have ongoing support and funds that she requires for the rest of her life.