Compensation for Trapped Nerve Damage after Plate Insertion

In September 2012 we obtained damages in the sum of £100,000 from a hospital trust for a 64 year old man who suffered damage to his humerus following a fall from a tree. Surgery to repair the damage involved insertion of a plate. However, when it was inserted the plate trapped the radial nerve, causing him to suffer damage by way of loss of power and damaged pincer grip.

The relevant medical records were obtained and to prove the case we obtained expert medical evidence from an orthopaedic expert and a psychologist, as our client had suffered a psychological injury as a result of his injuries.

Our client had been a HGV Driver since the 1960s and even before then had always driven vehicles since he left school. After the injury he was no longer able to do this.

The case was settled between the parties without it becoming necessary to go to Court.

The compensation took into account the following:

  • General damages for pain and suffering
  • Loss of earnings
  • Care
  • Persistent pain suffered by the claimant; getting worse at night time and disturbing his sleep as well as a tingling sensation and numbness
  • Significant change to the claimant’s lifestyle; from an active lifestyle, including DIY, gardening and decorating to an indoor and restricted lifestyle, where he has also gained weight
  • The claimant suffered a psychological injury as a result

The client’s damages were maximised in this case by obtaining supportive evidence covering all losses and injuries sustained by the claimant, including loss of future earnings and psychological problems.