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Case Summary: M v W - Helen Reynolds, Spencers Solicitors

14/01/21. Case Name: M v W

Court Name: BIRKENHEAD

Accident Date: 19/06/2012

Settlement Date: 26/02/2020

TOTAL GROSS SETTLEMENT: £18,650.00

Background

The Claimant, aged 9 at the time of the accident, was riding his bike through the local park when he hit a tree stump, which was disguised by overgrown grass, causing him to fall from his bike. The Claimant suffered a fracture of his left arm with bruising to his face and leg.

The Claimant’s fracture was initially manipulated under anaesthesia, but the fractures not properly reduce, and hence he underwent open reduction surgery with internal fixation. He subsequently underwent a second surgery to remove the nails.

The initial medical evidence confirmed the Claimant had recovered well from a functional point of view, but had a severe hypertrophic scar as a result of the surgery which would take 18 months to fully mature. The scar was raised, red and firm.

The Claimant underwent treatment to the form of silicone sheeting, pressure garment and a course of injection therapy to improve the appearance of his scar.

Although improved, the Claimant remained concerned about the appearance of the scar which appeared stretched and thin, and at the end still slightly raised and red.

Updated medical evidence suggested that the scar was likely to improve further, but could be expedited with laser or fat transfer to give more cushioning underneath. There were no long term functional implications.

The Claimant was represented by a litigation friend and the settlement was approved at an Infant Settlement hearing.


Liability



Liability was admitted by the third-party insurers.


Quantum



The Claimant received a global settlement of £18,650.00

No formal breakdown was provided; however the Claimant’s Solicitors estimate a breakdown of £14,000.00 general damages and £4,650 special damages. 


Solicitors for the Claimant
: 
Helen Reynolds of Spencers Solicitors Limited


Solicitors for the Defendant
: Weightmans LLP


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