Fisher Waterhouse recovers substantial damages for brain-damaged
on: July 2, 2008, 2:00 am
Release Author: Field
Fisher Waterhouse LLP
Release Summary: Field Fisher Waterhouse recovers substantial
compensation against Barts & the London NHS Trust on behalf
of brain-damaged youth
Release Body: Law firm, Field Fisher Waterhouse LLP
has recovered a substantial sum in compensation on behalf of Matthew
Ellerbeck, who sustained serious brain damage after contracting
herpes at the age of six.
1997, Matthew suffered a prolonged convulsion, and was taken in
an ambulance to the A&E department of the Royal London
Hospital. Herpes Simplex Encephalitis (HSE)
should have been suspected, and aciclovir (an antiviral drug)
should have been administered immediately. However the drug was
not given to Matthew until over 30 hours later.
a result of this delay, Matthew sustained serious brain
damage. He is now 17, and as a result of the brain damage
he suffers daily epileptic attacks and severe learning difficulties,
as well as serious attention and behavioural problems.
mother, Susan Culling, brought the case against
Barts & the London NHS Trust on his behalf
in the High Court. Richard Earle, a lawyer in the Personal
Injury and Medical
Negligence Group at Field Fisher Waterhouse,
conducted Matthew’s case to settlement.
hospital accepted the delay in treating the HSE was negligent,
but it argued that most of the damage and subsequent consequences
to Matthew would have occurred anyway.
case had gone on for nine years, in which time a number of concessions
were made by the hospital, when a settlement was agreed two months
before the case was due to go to trial.
this long legal battle, Field
Fisher Waterhouse recovered substantial damages.
This includes provision for periodical (annual) payments to be
made for the rest of Matthew’s life to cover his care and
Culling said: “I was determined to press on
and seek justice for Matthew. I am very pleased at the level of
which will make a huge difference to Matthew’s life.”
Earle said: “I am absolutely delighted that
substantial damages have been recovered on Matthew’s behalf,
in what was an extremely complex case on the medical evidence
where both Matthew’s lawyers and medical team had worked
extremely hard to overcome the Defendant’s arguments on
causation. This will improve the quality of Matthew’s life
and provide protection for the future.”
was represented by James Badenoch QC and Dennis Matthews of Counsel.
About Field Fisher Waterhouse LLP:
Field Fisher Waterhouse LLP is a full-service
European law firm with offices in Brussels, Hamburg and London.
With 119 partners, over 200 other lawyers and nearly 300 support
staff, we assist a wide range of international clients, advising
across a full range of legal issues.
The main areas of practice are corporate and commercial, IP and
technology, banking and finance, regulatory and real estate. Field
Fisher Waterhouse LLP also have particular expertise
in competition & EU law, dispute resolution, employment, personal
injury and clinical negligence, public sector and tax.
no is HQ06X02999
Details: PR contact:
Field Fisher Waterhouse LLP
35 Vine Street
020 7861 4120