£4m for US serviceman left paralysed from the waist down following physiotherapy

Mark Bowman acted for Jason, a US serviceman, stationed at RAF Croughton near Brackley, Oxfordshire. On 28 November 2016 Jason hurt his back whilst lifting an object at work. Having managed his pain with ice, heat, ibuprofen and rest, he went to see his GP on 2nd December 2016 and she advised that he see a physiotherapist.

Jason went to see Mr Will Cooper, physiotherapist, on 07 December 2016. During the course of the treatment it was Jason's evidence that he reported suffering from pain and a tingling sensation down his legs which was ignored by Mr Cooper. In spite of these symptoms, the treatment continued. At the end of his session, Jason was asked to stand up but he immediately fell back onto the bed on which he had been treated. He again tried to stand up but his legs started to spasm before he noticed a loss of sensation rising up both legs. He requested that an ambulance be called and he was transferred to John Radcliffe Hospital where an MRI scan revealed acute compression of the spinal cord.

Jason has been left doubly incontinent, unable to walk, reliant on a wheelchair for life and paraylsed from the waist down. He will never be able to work full time, will not be able to re-join the reserves as had been his intention and he will require significant care and medical support for life. After initial treatment in the UK he returned to the US where he continues to live and rehabilitate.

In spite of the Health & Care Professions Tribunal identifying a number of failings in Mr Cooper's care and imposing an 18 month suspension on his right to carry out certain physiotherapy techniques, liability for Jason's injuries were never admitted. An initial offer of £2,500,000 on behalf of Mr Cooper's insurers was rejected at an early settlement meeting and therefore experts were instructed to assess the full extent of Jason's injuries. A number of experts flew out to the US in order to assess Jason whilst we also instructed US based experts in accommodation, employment and life care planning to assess Jason's likely future needs.

Prior to being required to serve their expert evidence and valuation of the claim, and following further negotiations, the Defendants increased their offer to £4,000,000, which was accepted by Jason.

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For further information please call Mark Bowman on 03304606794 or email mark.bowman@fieldfisher.com.

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