We acted on behalf of Thea, a woman injured when she was 27 weeks’ pregnant with her second baby in a road traffic collision in Stoke-on-Trent. Thea was on her way to the supermarket to pick up a special meal for her and her husband to celebrate Valentine’s Day when the Defendant, who was driving a lorry whilst texting on his mobile phone, collided into the rear of her stationary vehicle. The Defendant had been given a fixed penalty notice five months prior for texting whilst driving.
The situation
As a result of the incident, Thea sustained a brain injury and crush injuries to her lower limbs. While in intensive care, her legs started to swell and she was subsequently diagnosed with a skin disorder called lipoedema. She spent 11 weeks at Royal Stoke hospital and during the life of the claim underwent 13 surgeries.
Timeline of events
We believed from the outset that the onset of lipoedema while in hospital was unlikely to be a coincidence, but we knew proving a link between the trauma Thea had experienced in the road traffic accident to the skin disorder would be extremely difficult, as there were no reported cases of any connection between the two.
Having made extensive investigations and approached all worldwide known experts in this field, we believe this is the first case to establish a causative link between trauma and the onset of lipoedema.
How Lime supported Thea to maximise her recovery and achieve the best possible outcome
Due to the causation issues surrounding Thea’s lower limb condition, it was difficult to establish the care needs arising from each condition. However, a private rehabilitation package was put in place to support her with all her needs whilst causation was being investigated by both parties.
As the case progressed and causation was becoming more of an issue, the Defendant insurers became less collaborative and funding requests were taking longer to be approved than could be tolerated. We held a way forward meeting with the Defendant solicitors and secured a significant interim payment of £500,000 to provide for rehabilitation and to compensate for Thea’s loss of earnings for 12 months, and moved the rehabilitation to a joint instruction. This enabled Thea to make significant progress in terms of physiotherapy, neuro-psychology and in her day-to-day living with the support of a case manager and care team.
The matter settled for £2.75 million at a joint settlement meeting.
A note from Vicky Blodwell
“Whilst we are always keen to ensure we work collaboratively with the Defendant and where possible, look to fund rehabilitation under the Rehabilitation Code sometimes this is not possible. In this case it was key to ensure that there were no gaps in our client’s treatment and that she continued to make progress and receive the support she needed to enable her to maximise her recovery.”
