Patrick Mullarkey of O’Reilly Stewart Solicitors acts on behalf of a Plaintiff who obtained an Order of the Court for £500,000 by way of interim damages prior to the full hearing of her case in 2026.
Interim damages are partial payments made to an injured party in a personal injury case before the final settlement of the case. Such payment can cover immediate costs. The payment is deducted from the total compensation payable at the conclusion of the matter.
The Plaintiff sustained personal injury, loss and damage due to admitted failures in her care at the Emergency Department of Antrim Area Hospital in January 2018. The patient attended the Emergency Department complaining of symptoms which were consistent with a developing cauda equina syndrome. Cauda equina syndrome is a serious medical emergency which occurs when the nerves at the lower end of the spinal cord are compressed by a prolapsed disc, leading to symptoms which may include severe back pain, numbness or weakness in both legs, and problems with bladder and bowel control.
When the Plaintiff originally attended at the Hospital, her condition was not recognised, she was misdiagnosed and discharged. Her condition deteriorated and she represented a couple of days later by which point her condition had progressed. At that point, a diagnosis of cauda equina syndrome was correctly made, she was sent for MRI examination, and ultimately underwent surgery to decompress her spine. She has been left with severe and ongoing symptoms including pain, neurological weakness, a neurogenic bladder and bowel, and upset and distress.
Upon receipt of an admission of liability in this case, and after a joint expert meeting between the medical experts appointed on behalf of the parties, where, it was submitted, there was broad agreement in relation to the consequences of the admitted breach of duty, the Plaintiff’s legal team requested interim damages on behalf of the Plaintiff to address her immediate needs including accommodation. Payment was sought in the sum of £500,000. The Defendant Trust refused to pay that amount and offered £50,000. In the circumstances the Plaintiff applied to Court, seeking an Order compelling the Defendant to pay interim damages at the level sought. After an oral hearing before the Interlocutory Judge, a Master of the King’s Bench Division, an Order was made that the Defendant pay the Plaintiff £500,000 plus her costs.
The Defendant Trust appealed the Order and by judgment of the High Court, the interim damages payment was disallowed. In so doing the Court determined it was in no position to “…make an informed decision of the likely final award at Trial…While I do think it is very possible that the plaintiff will recover a sum greater than £500,000, that is not the test I have to apply. In this case I have to be satisfied that £500,000 is a figure which I think “just, not exceeding a reasonable proportion of the damages which in the opinion of the Court are likely to be recovered by the plaintiff.” Since I cannot say this with any degree of confidence, I am not so satisfied. As the appeal involves a binary decision (no other sum is before the court) I allow the defendant’s appeal and dismiss the application for an interim payment of £500,000.”
Whilst disappointing for the Plaintiff, the matter remains listed for final resolution this year and the Plaintiff will therefore learn the final value of the case in short order. More to follow….
