As an experienced and well regarded member of our Personal Injury team, Gordon Exall is used to advising and representing badly injured claimants; and his latest case is no exception. Together with his instructing solicitors Atteys (Barnsley), he has helped secure an award of £4,133,744.00 in the Manchester Criminal Injuries Compensation Tribunal (15.11.12) for an applicant who was victim of an assault at just 5 months old.

Below is synopsis of the facts of the case and the sums awarded:

The applicant, now aged 22 was assaulted when he was five months old.  He sustained multiple injuries, including a bilateral haemorrhage. This resulted in limited sight in his left eye. He also sustained a fracture to the lower third of the right femur, a fractured right tibia and fibula, a fracture of the right sixth rib, and greenstick fracture of the left radius. He also sustained a subdural haematoma, which required four subdural taps after referral to neurosurgical intervention. He suffered diffuse injury to the brain substance at the time he suffered a shaking injury.  As a result of the injuries he had autistic tendencies, difficulties with social interaction and language development and abnormalities in his behavioural repertoire.  He suffers from mild motor problems, defined as dyspraxia. He suffered diffuse injury to the brain substance at the time he suffered a shaking injury.   He had obtained a degree (with significant assistance) but required prompting and assisting on a daily basis, in terms of self-care, normal routines such as eating, sleeping and also protecting himself. He was very vulnerable. He was unable to live independently. He was only employable part-time and under the strict supervision of support workers.

1. Pain suffering and loss of amenity     £120,000
2. Past care         £146,949.50
3. Past case management £16,726.33
4. Past occupational therapy £1,416.19
5. Past Court of Protection costs £2,707.12
6. Miscellaneous expenses £436.20
7. Future loss of earnings  £550,000.00
8. Future care  £2,645,345.10
9. Case Management  £236,536.00
10. Aids and equipment £39,630.00
11. Future occupational therapy £15,399.00.
12. Future neuropsychologist  £16,450.00
13. Increased living costs £50,312.00
14. Court of Protection Costs £291,756.00

Gordon Exall, Zenith Chambers, Leeds.
Counsel for the Applicant.

Instructed by Atteys, Solicitors, Barnsley.