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McDermott v InHealth Limited - Adam Weitzman QC, 7BR

18/09/18. The Claimant in this case was a professional boxer licenced by the British Board of Boxing Control. He was obliged to undergo annual brain imaging in order to ensure that he was fit to fight. The imaging was arranged by InHealth Ltd, the Second Defendant (D2). D2 had also, with the help of a doctor, drafted the protocol under which the imaging process for licenced boxers took place. The protocol did not include an obligation to conduct axial gradient echo (“GE”) scans on boxers.

The Claimant attended the Third Defendant’s (D3’s) hospital to undergo the imaging. In addition to the required imaging – and contrary to the protocol – D3 conducted a GE scan. This revealed that the Claimant had an aneurysm on his brain. After he had received his licence to fight for that year, the Claimant received a blow to the head whilst sparring. Unfortunately this caused the aneurysm to bleed, resulting in brain damage and significant cognitive defects.

There was an arrangement in place by which D3 was supposed to send...

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