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UK Supermarket Accidents News

Man Injured when Hit by Car in Tesco Car Park

June 5, 2014

A man was injured when he was hit by a car in Tesco car park after the driver of the vehicle lost control of his Volkswagen Golf.

The accident – which occurred at 10:00am on the morning of May 31st – was caused by a 74-year-old driver losing control of his Volkswagen Golf and hitting five cars and the Saturday morning shopper, before a crash barrier at the entrance to the supermarket prevented him from causing any more damage.

The man who was hit by the car in the Tesco car park received treatment at the scene of the accident from emergency personnel, but did not require hospital treatment. The driver of the vehicle was taken home by the police and has been reported to the procurator fiscal.

Witnesses who saw the accident at the Tesco supermarket in Dalkeith, Mid-Lothian, estimated that the OAP´s Volkswagen Golf reached speeds of 40mph as it careered out of control. They said that the accident in Tesco car park could have been a lot worse had the car not hit the crash barrier, as it appeared to be heading straight for the large window at the front of the supermarket.

Dalkeith police confirmed that they had been called to a road traffic accident involving car cars (the five damaged cars and the OAPs Golf), while a spokeswoman for Tesco said that it had been an unfortunate accident and thankfully nobody had been seriously injured.

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Shopper Saves Woman after Accident in Waitrose

May 26, 2014

A shopper came to the rescue of a woman who was injured in an accident in Waitrose when a car reversed through the supermarket window.

Sam Richards (42) from Dunnington in Yorkshire came to the rescue of the unnamed woman when a Ford Fiesta, driven by an elderly female driver, accidently reversed through the front window of the Waitrose store in Foss Islands Road in York.

 Sam told the emergency services that attended the accident on Saturday 24th May that he had been queuing at the tills with his wife and daughter when he heard a loud bang like an explosion. He could hear somebody calling for help, and he ran over to the scene of the accident, where he could see a young woman trapped by the vehicle.

Sam was able to push the car back and, with help from supermarket employees, protected the badly cut shopped from the risk of further falling glass until paramedics took over. The young woman suffered cuts, bruises and shock, while the driver of the Ford Fiesta was temporarily trapped in her car but was uninjured.

Shoppers were evacuated from the supermarket and the store was closed after the accident in Waitrose while the debris was cleared away and the broken window boarded up. The supermarket was able to re-open as normal the following day.

A spokesperson from Waitrose said: “Thankfully nobody was seriously injured and we’re very grateful to the emergency services for their prompt and expert response.”

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Restaurant Injury Claim is Settled

January 14, 2014

A man from New Jersey, who slipped on an icy patch in a restaurant car park and sustained severe injuries as a result, has settled his claim for restaurant injury claim shortly before his case was due to be heard in court.

The victim, who remained anonymous, was visiting the Perkins Restaurant on Route 46 in Budd Lake, New Jersey, in January 2007, when he slipped on an untreated icy patch adjacent to a storm drain in the restaurant car park.

As a result of the fall, the victim sustained multiple shoulder and spine injuries – including disc herniations which required spinal fusion surgery and plates to be put in to support his lower back. Despite treatment costing in excess of 250,000 dollars, the victim is still not able to walk any length of distance and perform routine daily activities.

After taking legal advice, the single father of two children made a restaurant injury compensation claim against the owners of the restaurant – K Investments Limited L.P. – and, shortly before the case was scheduled to be heard in court, a settlement was negotiated between the man´s legal representatives and the restaurant´s public liability insurers.

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Woman Suffers Suspected Broken Arm due to Accident in Asda

November 29, 2013

A woman was taken to hospital with a suspected broken arm due to an accident in Asda when she was caught up in crowds of shoppers rushing into the store to snap up Black Friday bargains.

The accident happened at the Asda store in the Westwood Centre in West Belfast as hundreds of customers who had queued from the early hours of the morning rushed into the store to snap up a limited number of discounted televisions and tablet computers.

Angry scenes erupted outside the store when the bargain items quickly sold out and, in addition to the unnamed woman suffering a suspected broken arm in the accident at Asda, there were unconfirmed reports of a pregnant woman being injured and several pensioners being knocked to the ground.

A spokesperson from the Northern Ireland Ambulance Service confirmed that they had attended the Westwood Centre at 8:30am and taken a woman to the Royal Victoria Hospital with a suspected broken arm after an accident in Asda, but was unable to elaborate on any other injuries at the store.

There were also reports of disgruntled customers waiting hours for the Asda Living Shop in North Belfast´s Citygate Shopping Centre to open, only to find that the heavily advertised discounted goods had not been delivered.

Asda later released a statement about the success of their Black Friday promotion – but failed to acknowledge that any customers had been injured in their stores. Their statement read:

“Throughout the event, the safety of our customers is of vital importance and to ensure our stores can cope with the extra footfall we have full security teams in our stores and extra colleagues to help assist customers in the aisles.”

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Personal Injuries Compensation Claims Against the NHS Rise by almost 20 per cent

June 7, 2013

The number of personal injuries compensation claims against the NHS has risen by almost one-fifth in the past year according to figures published by the Compensation Recovery Unit of the Department of Work and Pensions (DWP).

The DWP´s Compensation Recovery Unit is liable for claiming back the cost of healthcare and certain specific state benefits from individuals who have made successful personal injuries compensation claims against the NHS.

In the year 2012/13, figures recently published show that 16,006 compensation claims for personal injuries against the NHS were registered with the Compensation Recovery Unit – an surge of 2,489 over the corresponding figures for 2011/12 and nearly twice the number of NHS compensation claims made in 2007/08 (8,876).

Remarking on the increasing trend, a spokesperson from the Department of Health stated “Whilst we know the vast majority of patients get good, safe care, the best way to reduce compensation claims is to improve patient safety further – and this is a priority.” However, the news of the number of NHS personal injuries compensation claims registered last year caused alarm in many circles.

Chairperson of the Commons Public Accounts Committee – Margaret Hodge – said the figures were “deeply worrying” and said that the quality of healthcare provided by the NHS was a “major concern”, while Chief Executive of the Patients Association – Katherine Murphy – said “I think the public has become far less tolerant about putting up with appalling failings in care, but most people only pursue legal action when every other avenue has failed”.

Ms Murphy´s opinion was mirrored by a leading medical negligence compensation solicitor who said “In the past, victims of medical accidents often had moral reservations about claiming against the NHS, despite having clearly suffered extreme negligence in some cases, but the shocking findings of the Francis report have now made hospitals fair game in the eyes of the public.”

See also: http://www.injury-compensation.ie/

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Family’s of Lung Cancer Victim’s Misdiagnosis Compensation Claim Settled Out of Court

April 29, 2013

The family of a man, who died from cancer two years after being diagnosed with a serious chest infection, have settled their lung cancer victim’s misdiagnosis compensation claim against Coventry University Hospital.

Frank Golby from Whoberley in Coventry passed away the day after receiving a correct diagnosis of lung cancer – twenty-one months after first going to Coventry University Hospital complaining of a persistent cough and undergoing a CT scan.

The CT scan in May 2010 had uncovered a 1cm-wide nodule on his left lung, but doctors had overlooked it and, rather than review the scan when Frank again attended the hospital complaining of breathing problems and anaemia, another chest x-ray was not conducted until February 2012.

After seeking legal guidance, Frank´s family made a lung cancer victim’s misdiagnosis claim against University Hospitals Coventry and Warwickshire NHS Trust; claiming that had the hospital properly identified the growth on Frank´s lung at the time of the original scan, he would have received medical treatment that could have extended his life by ten years.

After an investigation into the events surrounding Frank´s misdiagnosis, the University Hospitals Coventry and Warwickshire NHS Trust acknowledged their liability for the mistake and an apology was issued to his (Frank´s) family. An undisclosed five-figure settlement was agreed between solicitors representing the family and the hospital in respect of the lung cancer victim’s misdiagnosis compensation claim.

Click here for additional information

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C-section Claim for Death After Made Against HSE in Ireland

February 21, 2013

A man, whose wife passed away after she had given birth to their son via a Caesarean section procedure, has made a c-section claim death against the Health Service Executive in Ireland.

Dhara Kivlehan, aged 29 from County Sligo, had given birth to her son – Dior – on 21st September 2010 via a Caesarean section surgical procedure but, soon after the operation, suffered multiple organ shut-down secondary to HELLP syndrome – a variant of pre-eclampsia. Dhara was speeded to Belfast´s Royal Victoria Hospital to receive specialist emergency treatment, but died on September 29th.

Mr Kivlehan’s spouse – Kevin Kivlehan, 33-years-old, – asked the Belfast Coroner for an inquiry into Mrs Kivlehan’s death, but his request was turned down. Now he has requested the Coroner for Sligo to look into the events that occurred at the time of his wife’s death and made a claim against the Irish Health Service Executive (HSE).

No decision has yet been released by the coroner, but the HSE is expected to refute the claim for death after Caesarean, and the claims of breach of duty and negligence by Mr Kivlehan, after the symptoms of hemolysis, elevated liver enzymes and a low latelet count were supposedly not recorded and medically treated in time to prevent his wife’s death.

A High Court ruling on whether the HSE have a case to answer in relation to the C-section claim death is expected soon

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Stately Home Car Park Fall Compensation for Man

January 19, 2013

A man who tripped and fell into a trench at Hopetoun House, suffering a broken right ankle, has been awarded £8,750 in stately home car park fall compensation after a sitting of the Court of Session in Edinburgh.

John Cowan (65), the court was advised, had visited Hopetoun House in Edinburgh with his grandson in September 2008 for an organised “bat walk” – a tour of the stately home in which visitors armed with torches to look for bats.

with the tour complete, John and his grandson started to make their way back to the car park of the stately home. John, in error, stepped over the edge of an unlit “ha-ha” in the dark  – a landscaping feature for keeping livestock away from the main buildings – and fractured his ankle when he fell into the five foot deep trench on the other side of it.

Having spoken to a solicitor, John made a claim for a stately home car park fall against the Hopetoun House Preservation Trust. The Trust did not accept John’s compensation claim, stating that instructions were given by the tour guide in charge on how to return to the car park when the tour was over; however John said he had not heard the tour guide in charge issue instructions, as he had taken his grandson to the bathroom at the time.

At the Court of Sessions, Countryside Ranger Peter Stevens stated that he had grouped the entire tour party inside the Ranger Centre at the end of the tour and gave directions on returning to the stately home car park. He testified that, had he known John and his grandson were absent from the group, he would have given them individual instructions when they returned from using the toilet at the end of the tour

However, the judge found in John´s favour; stating that he considered Ranger Stevens to be incorrect. The judge acknowledged that, as Mr Cowan  was carrying a torch at the time, there was an issue of contributory negligence ito be considered and he reduced the proposed settlement of compensation for a fall in a stately home car park from £35,000 to £8,750.

See also: http://www.biggerinjuryclaims.co.uk/claim-for-ankle-sprain-in-accident/

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Class Action Compensation Settlement for Faulty DePuy Medical Device Approved

December 13, 2012

A class action compensation settlement for faulty DePuy medical device has been approved by a judge in Australian Federal court which will allow compensation payment for faulty DePuy knee implants to get underway.

The class action lawsuit action was initiated in March 2010 following the worldwide recall of the DePuy LCS Duofix Femoral knee replacement in July 2009. The recall was issued after a higher proportion of failure than anticipated was noticed after the knee implants were used in surgical operations – the possilbe cause of this being Alumina particles in the replacement.

Under the specific terms of the class action settlement, DePuy are to pay A$30,000 to claimants who had one revision to the faulty knee implant but needed no further surgery. Claimants who needed two or more surgical procedures following the first revision procedure are to receive A$65,000, and claimants who have undergone significant complications or loss of amenity will have their claims for faulty DePuy knee implant compensation assessed on an case-by-case basis.

The presiding Judge in the case, Justice Robert Buchanan approved the agreement in the class action case – which had been agreed upon in August in the Pamela Joan Casey v. DePuy International Ltd class action lead case – after looking into 430 inquiries into the suggested compensation settlement. Commenting in his final remarks on the case he said that none of the inquiries gave him due cause not to approve the compensation settlement for faulty DePuy knee implants.

Click here for more about medical device recalls in the United Kingdom.

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Delayed Birth Compensation Awarded at Court

October 27, 2012

The family of a boy, who suffered brain damage due to being starved of oxygen prior to his birth, have had been awarded compensation for delayed birth at the Royal Courts of Justice.

Joseph O´Reggio (11) from Wolverhampton, was born at the city´s New Cross Hospital in 2001 following an alleged failure by the hospital staff to monitor his mother – Rachel – during the later stages of her pregnancy. As a result of the alleged hospital negligence, Joseph was starved of oxygen before to his birth and was brain damaged by the time he was delivered – later developing severe cerebral palsy.

Joseph´s parents made a claim for delayed birth compensation on the grounds that the Joseph´s heart rate had fallen on the morning of April 14th 2001, but a specialist was not summoned until 10.00pm that evening. As a result of the delayed birth, Joseph now requires 24-hour care and is unable to speak or feed himself.

In 2011, the High Court heard that Royal Wolverhampton NHS Trust admitted that Joseph should have been born earlie than he wasr, but would not accept full liability for his injuries. However, an agreement was negotiated between he parties in which the Trust would pay annual periodic payments amounting to an 80 percent valuation of a full compensation for delayed treatment settlement.

At the Royal Courts of Justice, the family heard that the package of compensation for delayed birth amounted to 6 million pounds – based on Joseph´s anticipated life expectancy – and will be sufficient for the family to move into a specially adapted home with the specialist rehabilitation equipment that Joseph needs to develop his skills with hearing, sight, taste, touch, language and hand-eye co-ordination.

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