Multi-million pound settlement secured following crush leading to double amputation

The claimant required extensive care immediately following his injury. This care was primarily provided by his wife and family who assisted with his personal care needs.

Following an immediate needs assessment, the claimant was provided with aids and equipment including a stairlift, wheelchair ramps, shower commode and taxi account which was funded by the Defendant’s insurer under the Rehabilitation Code.

A case manager was subsequently appointed and arranged for the claimant to have treatment from an occupational therapist, a musculoskeletal physiotherapist and a physiotherapist with amputation experience. The claimant also had a driving assessment and purchased an adapted vehicle under the Motability Scheme.

The claimant was initially provided with prostheses via the NHS. Louise Hart of RWK Goodman secured an interim payment for the claimant to have access to private prosthetics provided by Dorset Orthopaedics. The claimant was initially provided with ossur proflex XC prostheses with carbon fibre feet. He subsequently progressed to Proprio prostheses as his rehabilitation continued.

During the course of the litigation, Louise Hart arranged for the claimant to have 2 trials of Empower limbs with Dorset Orthopaedic which significantly assisted the claimant with his mobility.

The claimant’s original home was not suitable for a bilateral amputee. The claimant managed as best he could by undertaking temporary measures to modify his home including inserting a stairlift and ramps.

While requiring extensive care in the immediate aftermath, the claimant gradually became more independent but still required assistance from his family regarding his personal care needs.

With the support of RWK Goodman’s Louise Hart, the claimant pursued a claim for damages stemming from the accident, including loss of earnings and pension, care expenses, pain and suffering, aids and equipment to include everyday proprio prostheses, Empower prostheses, water limbs and additional accommodation costs and needs among others.

The firm worked with the claimant to obtain medicolegal evidence from consultants advising on Trauma and Orthopaedic Surgery, Protheses, Plastic and Reconstruction Surgery, Rehabilitation and Care and Occupational Therapy.

An interim payment allowed the claimant to fund the cost of prosthetics and two Empower trials ahead of the joint settlement meeting to settle the matter.

As a result, the claimant was able to recover funds for bilateral Empower prostheses, predominantly for outdoor use. One set was provided immediately following settlement and a replacement set is to be provided in six years. The claimant also recovered funding for life for Proprio prostheses for indoor use and usual activities of daily living, and waterproof feet to be used in chlorine.

Additionally, the claimant was able to recover funds which would allow him to purchase wheelchair-accessible accommodation and additional heating and electricity costs, as well as funds for future equipment and mobility aids. The claimant was compensated for his past and future care needs to include future occupational therapy and physiotherapy.

He was also able to recover funds to replace a fully-hybrid Ford Kuga (purchased through the Motability Scheme) with a fully-wheelchair-accessible Ford Connect.

At the time of settlement, the claimant was due to retire within six months and decided not to return to work as a result.