In another case involving periodical payments, the Judge said: “It can be said with a degree of certainty that indexing future care costs who are PI will result in a significant and possibly substantial shortfall.”
The Judge decided that ASHE 6115 was the closest approximation to carers earnings in general that exists describing it as “authoritative, accessible and statistically reliable”.
RH -v- United Bristol Healthcare NHS Trust. Mr Justice Mackay.
Award for mesothelioma
The claimant was diagnosed with mesothelioma following exposure to asbestos. He was 59 years old at the date of trial. He had been an electrician in his youth working in close proximity to laggers.
He emigrated to Australia where he moved into supervisory and management roles and after being diagnosed he moved back to England. As a result of the illness he was only able to perform minimal tasks and had constant chest pain and fatigue. He had a future life expectancy of about two years. General damages of £70,000 were awarded. The total award was £948,565.71.
Shanks -v- Swan Hunter Group plc. Judge Hickinbottom, 24 May 2007.
The claimant suffered noise induced hearing loss and severe tinnitus that led to depression. He struggled to hear conversation in group meetings, and working in a quieter environment meant he noticed the tinnitus more, which caused him to become withdrawn and depressed.
As a result he had a couple of lengthy periods of absence with depression culminating in the termination of his contract on the grounds of ill health. He had not worked since. He was 55 years old at the date of trial and had a 31 db hearing loss and tinnitus matched at 6khz.
The defendants expert said there was no evidence of noise damage and said that tinnitus was psychological in origin caused by depression. However the defendants’ psychiatric expert said the claimant did not have a diagnosed psychiatric condition and the tinnitus was not caused by depression!
During the trial the case eventually settled for £57,500 plus repayment of benefits.
Maudsley -v- Lancashire County Council. Manchester County Court, 31 May 2007.