Leigh Day Priory House 25 St John’s Lane London EC1M 4LB (T) 020 7650 1200 (F) 020 7253 4433 Follow us: @LeighDay_Law Front cover – Daniel Twiddy Back cover – Linda Peanberg King Photography by Angus Young
Linda and Alistair were overjoyed by the birth of their second son Axel in September 2012. A big, cuddly baby, adored by his two-year-old brother, he was the picture of health. When he was taken ill with breathing problems, lethargy and a lack of appetite, Axel’s mother called the local GP service – Harmoni, a private company. They diagnosed a virus and advised her to see the family GP. But Axel’s condition got worse. The next day Linda arranged to see Dr Takhar at the Harmoni base at the Whittington Hospital in Highgate, north London. Dr Takhar – despite Axel’s breathing problems, his not having eaten for two days, reduced urine flow and general lethargy - reassured Linda and wrote a delayed prescription for amoxicillin. This would avoid the need for re-presentation the next day. Two days Axel’s father increasingly worried about his son’s breathing and unwillingness to feed contacted Harmoni Dr Shantikumar – in what the coroner later described as ‘an inadequate performance’ – spent less than a minute taking a history before downgrading the call from ‘urgent’ and making a routine appointment for Axel. Axel died later that afternoon, collapsing in his mother’s arms while waiting to be seen. He had bronchopneumonia, an entirely treatable illness. Leigh Day represented the family at the inquest. A CQC report has now highlighted staffing insufficiencies in the service. Our investigation into its safety, and what happened in this particular case, are continuing. trial.
Cycle Crash Ian Makes Excellent Progress Ian Hetherington was cycling in a 90-mile road race when a car U-turned into his path. Travelling at speed, he had no chance of avoiding a collision. He sustained a severe spinal cord injury with a diagnosis of incomplete tetraplegia. A spinal surgeon retained at the outset of his suggested that, with specialist rehab, Ian’s prospects of recovery were promising. However, at the time Leigh Day were instructed there were no available beds in Mandeville or Stanmore spinal units. The driver’s insurer, RSA, were contacted and a collaborative approach suggested. Within a couple of weeks, RSA agreed to fund Ian’s transfer to the Wellington Hospital for a period of intensive in-patient spinal rehabilitation. Ian spent six months as a private in-patient and made excellent progress. He is now standing and walking. His upper limb function is continuing to improve. He has had access to specialist equipment such as the Lokomat pictured here. Now back at home with his family, Ian’s progress continues as he participates in a multi-therapy outpatient rehab programme also funded by RSA. All involved in Ian’s care, treatment and rehab have commented on his exemplary commitment to the therapy regime. Access to the specialist physicians, therapists and equipment at the right time have also played an important role. Ian’s case demonstrates the benefits of a proactive approach from the outset – particularly to this client whose only desire is to get back to supporting and bringing up his family.
South African Gold Miners’ Silicosis: Leigh Day Acts Alpheos Blom lives in a tin shack in Welkom, close to the President Steyn mine, formerly part of Anglo American South Africa (AASA). He worked at the mine for seventeen years, but can no longer do so due to his ill health. At the age of 37 Mr Blom contracted silicosis, a respiratory disease caused by excessive dust exposure that increases the risk of contracting TB, which is endemic in South Africa. Rates of silicosis and TB are very high among black gold miners, who undertook the dustiest jobs. Leigh Day represents around 4,000 former gold miners against AASA Ltd, which is now wholly owned by London- based Anglo American plc. claims, including Mr Blom’s, which Leigh Day litigated in South Africa together with the Johannesburg Legal Resources Centre, were settled in September 2013. Approximately 2,300 claims issued in the UK High Court in 2011 are subject to an AASA challenge against jurisdiction, which was upheld in July 2013. The jurisdiction issue has “RATES OF SILICOSIS AND TB ARE VERY HIGH AMONG BLACK GOLD MINERS, WHO UNDERTOOK THE DUSTIEST JOBS. been referred to the UK Court of Appeal. Leigh Day is also working with South African lawyers on numerous silicosis claims against AASA and Anglo Gold Ashanti in the South African courts. New Hips That Failed In 2007, Debbie B. had an ASR implanted in each hip. Aged 42, a netball enthusiast, gardener, teaching assistant, wife and mother of two, she expected the operation improve her life. But it didn’t. The pain returned and soon she was completely immobile. Both her ASR components had catastrophically failed, destroying tissue and muscle. Three years on, she had more surgery on both hips, and then further operations due to the damage caused by the ASRs. After seven complex operations, now reliant on crutches, Debbie will probably be wheelchair bound by 60. Day’s ASR team represents over 500 clients affected by what has been called the biggest disaster in orthopaedic history. Partner Michelle Victor said “Many live with constant pain and will need further surgery and some face being wheelchair-bound early in life and reliant on others for care. Our dedicated team has the scientific and legal expertise to obtain appropriate