29th February 2024 – Ms Z died aged just 42 as a result of injuries sustained whilst being transported by Thanet Community Transport Association (“TCTA”) in November 2017.
Due to suffering from partial Patau Syndrome (a chromosomal disorder) she relied on TCTA to provide her with assisted transport.
Unfortunately on 4th November 2017 a TCTA employee failed to properly secure her wheelchair within a transport vehicle and this resulted in her falling backwards and hitting her head.
She suffered a C2 fracture with associated laryngeal nerve palsy. The permanent effects of this were an unsafe swallow resulting in an inability to eat or drink and the need for tube feeding. She also suffered numerous episodes of aspiration pneumonia and sadly died as a result of her injuries 2 years after the accident. She endured 2 years of unpleasant health complications and a significantly reduced quality of life.
Ms Z’s family instructed another local firm initially then Fairweathers Solicitors LLP.
The case was difficult because those acting for TCTA delayed confirmation of indemnity and failed to respond to the Letter of Claim. In fact the failure of the Defendant to properly engage forced the claim into litigation at which point their Solicitors Crawford and Company Legal Services Limited finally admitted that the Ms Z had sustained “some injury” as a result of the accident.
Unfortunately, the Defendant made no proper attempt to settle the claim until the Court listed a Settlement Hearing at which point the Defendant abandoned all the medical evidence it had previously insisted was necessary and agreed a negotiated settlement in the sum of £75,000.
Steve Evans the Solicitor with conduct of the claim commented:- “The family lost a much loved Daughter and Sister in tragic circumstances. They were entirely right to bring this claim. It was unfortunate that settlement was delayed by years as a result of Defence tactics which seemed to lack direction and purpose. However, they now have settlement and vindication that bringing the claim was the right decision”.
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