Thu, 13 Mar 2014
In March 2014 Adam acted for the CICA in relation to two 1990 Pre-Tariff Scheme claims brought by two applicant’s, who were adopted by a family as babies. Both applicants sustained severe brain injuries and fractures as a result of being shaken as babies. Both applicants developed spastic quadriplegic cerebral palsy. They were both left with significant brain injuries causing visual impairment, virtually no speech, doubly incontinence and a history of epilepsy. Both applicants were totally dependent upon others for all aspects of their care, including feeding. Neither applicant was mobile. The applicants were 19 and 21 years old and both had a reduced life expectancy, to the age of 48 and 49 respectively.
Awards totalling £4.1 million and £4.0 million respectively were made by the First Tier Tribunal (Criminal Injuries). The awards allowed £270,000 for pain, suffering and loss of amenity for each applicant, plus damages for past losses including gratuitous care. Future losses of approximately £3.5 million were awarded for each applicant, including damages for care for life in a specialist residential setting, loss of earnings, holiday costs, specialist equipment, physiotherapy, SALT and OT treatment costs and Deputy/Court of Protection fees.
The Applicants were represented by Colin McCaul QC and Anthony Reddiford.
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