Jonathan has extensive experience of claims arising in most medical fields including neonatal brain injury, orthopaedic, general, spinal, cardiac and vascular surgery, accident & emergency, general practice, psychiatry, hospital acquired infections, missed/delayed diagnosis, dental claims, HRA claims etc.
Burn & Ors v Ministry of Justice  EWHC 876 QB — Highly dangerous prisoner feigned illness to achieve transfer to hospital. Ambulance stormed by armed raiders on arrival at hospital causing psychiatric injury to 3 prison officers on escort duty in vehicle. Complex issues of clinical negligence, system failure, foreseeability and acts of third parties.
Glasby v Henmans  — Alleged negligent under settlement of traumatic brain injury claim in 1996. Complex issues in relation to extent of solicitors’ duty, contemporary medical advice, capacity, personality change and limitation. Approved settlement of £260,000 achieved at mediation.
Pill v South West Strategic Health Authority  — Neonatal brain injury occurring in 1986. Damage caused by embolus arising from clot caused by cardiac catheterisation and reaching brain prior to corrective cardiac surgery – lifetime care needed. Complex issues of breach of duty and causation. Approved lump sum/PPO settlement equivalent to £2.5 million.
Evans v GL50 & Anor  — Workplace accident giving rise to need for spinal surgery and two negligently performed operations. D1 alleged clinical negligence by D2 was sufficiently ‘gross’ to amount to a novus actus interveniens. D2 denied all liability. Trial on liability resulted in agreed apportionment between defendants. Quantum eventually settled at £640,000.
A & A v 5 Boroughs Partnership NHS Trust  — Death of schizophrenic mother from opiate overdose following negligent release from psychiatric hospital. Open verdict at inquest. Difficult questions of diagnosis, risk assessment, causation and dependency. Approved settlement of £100,000 for the two children.
Pike v Royal Cornwall Hospitals NHS Trust  — Paraplegia following negligent curtailment of antibiotics in known bacteraemia leading to staphylococcal spinal abscess and collapse of vertebrae. Elderly client accepted £500,000 against advice to pursue PPO award.
Earnshaw v East Lancashire Hospitals NHS Trust  — Clinical negligence claim following death by pulmonary embolus. Secondary victim psychiatric injury claim by deceased’s sister who witnessed her collapse in hospital and was later informed of the death.
Hall v Edgell  — Under settlement claim for victim of Hillsborough stadium disaster against examining psychiatrist in original claim. Breach, causation, limitation and witness immunity all in issue.
Jonathan has experience in all aspects of personal injury work including employers’ liability, industrial diseases, construction site accidents, road traffic accidents, occupier’s liability, maritime accidents, fatal accidents, CICA appeals and MIB claims. He has dealt with injuries at all levels of severity including spinal injury, brain injury, multiple injuries, amputations, repetitive strain injury, psychiatric injury (including stress at work and bullying claims), chronic pain syndromes and somatisation disorder.
Elloway v Zurich  — Psychiatric Injury arising from workplace stress. ‘First breakdown’ case in young woman with high earning potential. Difficult allegations of emotional bullying. Factual basis of claim, foreseeability and causation all in issue. Settled for £400,000 on Friday before trial.
Taylor (a Patient) v Chesworth and the Motor Insurers Bureau  EWHC 1001 (QB) — Frontal lobe traumatic brain injury. Appropriateness of periodical payments when level of care needed subject to major fluctuations over time. Combined lump sum and PPO award equivalent to £3,775,828 after agreed deduction of 25% for contributory negligence. PPO position compromised on Appeal.
Wodecki and Ors v Group 4  — Claims for Detention Centre Officers who sustained psychiatric injuries in the Yarl’s Wood Detention Centre riot and arson of 2002. All claims settled for six-figure sums at mediation.
New v Ministry of Defence  EWHC 1647 (QB) — Failure to detect and to treat psychiatric injury in senior NCO following extensive and repeated combat exposure. Award of £680,000 and indemnity costs.
‘L’ v Thames Trains Ltd & Anor  — Anonymised at client’s request. ‘Pure’ psychiatric injury (PTSD) arising from involvement in Paddington rail crash. Settled for £1.5 million two weeks before trial.
Kettle v Rowe [20040 — Fatal accident claim by mother and business partner of deceased adult daughter. Dependency, loss of business revenue and application of Section 4 of Fatal Accidents Act.
PTSD Group Litigation The Times May 29th 2003 — 2,000+ Claimant Group Action, 2+ years in preparation, 5-month trial with further 4 months for written submissions. The last of the related individual claims settled in early 2010.
R v Shanks No 1  — Junior anaesthetist, a former SAS trooper, gunned down girlfriend with AK47 automatic rifle smuggled back from first Gulf War. Defence of diminished responsibility - depression and/or PTSD and/or ‘Gulf War Syndrome’.
Jonathan practised medicine for 15 years before re-training in the law and coming to the Bar. He has a specialist practice in Clinical Negligence, Personal Injury and related lawyers negligence. In the personal injury field he has a particular interest in psychiatric injury claims and chronic pain.
Jonathan was Junior Counsel for the claimants for the 9+ years of the PTSD Group Action against the Ministry of Defence, one of the largest and most complex claims ever litigated in this jurisdiction. He continues to undertake military claims.
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