The Claimant was involved in a road traffic accident in 2008 when the Defendant drove into collision with the rear of the vehicle she was driving. Liability was not in issue and the claim started as a straight forward claim for compensation for soft tissue injuries to the neck, back and right shoulder.
However, the Claimant developed symptoms of pain radiating down her right arm and into the 4th and 5th fingers of her right hand, causing those fingers to become claw like. In addition the Claimant experienced nausea like symptoms when anyone tried to touch the hand and heightened sensation of pain.
Medical evidence was obtained from a GP initially and then an orthopaedic consultant and also a hand surgeon. The Claimant underwent nerve decompression operations in the right elbow and at the right wrist, but these operations did not resolve the clawing in 4th and 5th fingers of the right hand. The Claimant also underwent nerve conduction studies, MRI scans, CT scans etc in order to diagnosis the condition. The Orthopaedic and Hand surgeon’s could not provide a diagnosis as to the cause of the clawing, nausea and heightened sensation of pain the Claimant experienced.
Medical evidence was obtained from a Consultant in Anaesthesia and Pain Medicine who diagnosed the Claimant as suffering from a Chronic Pain Syndrome (CPS) and further evidence was obtained from a Consultant Psychologist and Occupational Therapist (on a joint basis). The Defendant did not accept the Claimant was suffering from CPS and the matter was defended aggressively.
The Claimant had commenced legal proceedings and during the court process, attended a joint settlement meeting with the Defendant where a settlement in excess of £100,000 was negotiated (gross £122k inclusive of CRU and interim payments – £100k in the hand net).
This case started out as a simple rear end shunt causing whiplash injuries but developed into a different and more complex claim entirely resulting in multiple experts, litigation and substantial damages.
