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July 18th 2019

Serious Injury

‘Substantial damages’ for client who developed chronic regional pain syndrome after serious accident at work

Samuel McFadyen

Samuel McFadyen

Associate, Personal Injury

‘Substantial damages’ for client who developed chronic regional pain syndrome after serious accident at work

A substantial damages settlement has been agreed for a 40-year-old man who developed chronic regional pain syndrome and was left wheelchair bound just a year after being involved in a serious accident at work.

A substantial damages settlement has been agreed for a 40-year-old man who developed chronic regional pain syndrome and was left wheelchair bound just a year after being involved in a serious accident at work.

The settlement was agreed out of court. The defendants accepted responsibility for the accident happening, but denied throughout that it had been the cause of his long-term injury.

A man who developed chronic regional pain syndrome and was left wheelchair bound just a year after being involved in a serious accident at work has been awarded ‘substantial damages’ for his injuries.

Robert Keane, 40, of Hull, was hit by a large cable section of a crane arm which snapped and fell in high winds as it was being lowered, when working on a site in Newcastle.

He says he ‘cheated death’ as he was hit and knocked to the ground, with the impact sending him some distance across the building site. Amazingly, after staggering to his feet he was able to walk to the ambulance which was called for him.

It initially appeared he had escaped without any long-term physical consequences either, having treatment in hospital for cuts and bruising to his left hand side, on his face, shoulder, chest, left arm and fractured wrist.

However, having returned to work in less than two months, he soon found his pains worsening, so much so that he struggled doing basic tasks such as walking up stairs.

That pain continued to increase and became so intense that just over a year after his accident he had to give up work and he was confined to a wheelchair and diagnosed as suffering from chronic regional pain syndrome (CRPS).

Although often misunderstood, the condition is medically recognised as one which can be triggered by injury, with the resulting pain much more severe and long-lasting, with any slight touch or bump causing intense pain.

Cause of chronic pain disputed as part of legal case

The cause of Mr Keane’s CRPS has been long disputed by as part of a legal case between Hudgell Solicitors, and legal representatives of his employees at the time.

The case was further complicated since Mr Keane had been previously diagnosed with Rheumatoid Arthritis, which had become active a few months following his accident. These symptoms subsequently abated, but Mr Keane was left with ongoing CRPS.

As the legal matter had not been resolved since the accident in October 2014, the case had been scheduled to be considered and ruled upon by a judge as to the cause of Mr Keane’s ongoing CRPS later this year.

However, a court hearing has now been avoided as ‘substantial damages’ were agreed between the parties at a joint settlement meeting.

“My life has changed beyond recognition since my accident and in a matter of a few years I have gone from being a healthy and active man to being left in a wheelchair. It has been horrendous to be honest and I have found it very hard to cope at times,” said Mr Keane.

“I count my blessings every day that I wasn’t hit directly on the head, as if it had I wouldn’t be here to talk about it.

“I didn’t see it coming at all at the time. I had been on the ground removing chains as I did every week when all of a sudden I heard a loud scraping sound. I knew it didn’t sound good but I don’t think I even had time to look up, I struggle to remember.

“The next thing I knew I was right across the other side of the yard on the ground with blood on my face and arms and legs. Since that accident my life has changed beyond all recognition.

“It impacted on my health massively, but also my relationship with my wife and children, and my own feeling of self-worth. I have always worked in construction and work was my life in many ways, so all of a sudden to have to stop and adapt to a completely different way of life in a wheelchair has been very tough.

“It wasn’t just tough for me, it was tough for those close to me as well.”

Although legal representatives for Mr Keane’s employers admitted fault for the accident, the issue over the initial injuries and subsequent chronic regional pain symptoms experienced by Mr Keane’s injuries was disputed throughout.

Solicitor says damages were ‘reflective of impact from injuries’

“We’re delighted to have reached an agreement with the defendant’s solicitors on compensation for our client as without question he has suffered considerably since this accident,” said solicitor Samuel McFadyen, a specialist in handling serious injury cases at Hudgell Solicitors.

“It has been a complicated case given the significant decline in our client’s health over the years since this accident happened.

“Of course, it initially it appeared that, by some miracle, he had walked away relatively unscathed from an accident which could quite easily have taken his life.

“However, as time went on, and despite his desire to return to work, he continued to suffer intense pain in his neck, left shoulder, left arm, left leg and lower back pain which worsened in time, and became so unbearable he was confined to a wheelchair.

“He has suffered severe constant burning pains in his knee, left foot and ankle and the pain was so bad he felt like his leg didn’t belong to him.

“The matter of dispute was whether the accident caused the CRPS to develop, or whether it had developed from Rheumatoid Arthritis, which he had been diagnosed with some years earlier.

“Essentially, this matter was not resolved fully as there were conflicting opinions from independent medical experts, but a settlement was agreed on the basis that responsibility for the accident was accepted by his employer.

“We felt the substantial offer made was a good one for our client and reflective of the injuries suffered.”

Legal support was ‘exceptional’

Mr Keane says he holds no grudges against his former employer, but does hope lessons are learned to better protect future workers.

“Obviously the accident should never have happened and I hope that the business has learned from that and does all that it should to prevent any future accidents,” he said.

“I’m a man of the real world though. These things happen and I know that when it becomes a legal situation they have to do what is best for them also.

“I know it was being suggested that the chronic pain had developed from my arthritis, but for me that is nonsense.

“I have had arthritis for many years and I know what that pain feels like. The pains I have suffered since the accident have been nothing like I have experienced before.

“At one stage I couldn’t even cope with a cloth being placed on my leg as it was like someone had dropped a tonne of bricks on it. I’m just glad it’s all settled now.

“I had complete faith in my legal team to ensure they fought my corner and did the best by me, and I want to personally thank Samuel McFadyen and my barrister for not only their legal expertise but also the advice and support they gave me throughout very difficult days.

“I could not have got through it all without them.”

Settlement has provided financial security and paved way for voluntary work

With his settlement now secured, Mr Keane is determined to make a positive impact in his local community, establishing a food bank in East Hull to support not only the homeless but also those on low incomes.

“I think one of the big positives of my damages settlement has been that it has helped me have financial stability and that has allowed me to commit the spare time I now have to voluntary work in the community, which I am finding very rewarding,” he said.

“We’ve established a foodbank where people on low incomes can come and benefit from the donations.

“It is a really important community service, and we are close to being at a stage where we will hopefully be able to use some selected libraries as pick up points so that people don’t have the stigma of being seen going to a foodbank.

“I am really happy to be offering this service in such difficult times for so many people. It is good to give something back to those less fortunate.”

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