Erica Power

Erica Power

General Information

MA (Cantab), LL.M.
ADR Accredited Mediator

Practice

She practises in general common law, specialising in personal injury/health and safety, product liability and clinical negligence. She undertakes conditional fee work and is an accredited mediator.

Personal Injury/Health and Safety

She specialises in all forms of personal injury, in particular employers' liability, fatal accidents and injuries of the utmost severity. She acts for both claimants and defendants.

Employers' Liability

All aspects, including:

•Industrial disease: cases involving exposure to asbestos, beryllium, industrial solvents, phosphine. Dermatitis and asthma claims, COSHH claims generally, noise-induced deafness, vibration white finger

•Work-related upper limb disorders (both specific and diffuse conditions): Junior counsel for the Defendant in Alexander and Others v Midland Bank Plc [2000] ICR 464, [1999] IRLR 723, CA. Experience of a wide range of conditions and occupations including data entry operatives, sonographers and factory/production line workers

•Manual handling claims
•Work-related stress claims

Fatal Accidents

•Inquests

•Fatal accident claims including claims where surviving parent is living and working abroad, deaths occurring abroad (and related limitation issues)

Injuries of the Utmost Severity

•Catastrophic brain/spinal injuries and other severe injuries (including amputation).

Eg Parkhouse v North Devon Healthcare NHS Trust [2002] Lloyd's Rep Med.100 [2002] 4 QR 6

•Court of Protection cases (including disputes over recoverability of professional fees)

Other

Road traffic accidents and highways claims. All aspects of practice, procedure and assessment of damages including limitation, local authority care provision, CRU appeals, CICA claims.

Product Liability

All types of product liability including pharmaceutical and medical products.

•Junior counsel for Schering Healthcare Ltd and John Wyeth & Brother Ltd in the Oral Contraceptive group litigation: XYZ v Schering Health Care Ltd [2002] EWHC 1420; (2003) 70 BMLR 88

•Junior counsel for the Defendant in Worsley v Tambrands Ltd - toxic shock syndrome. (Court of Appeal decision on preliminary issue reported at [2000] CP Rep 43; (1999) 96 (48) LSG 40)

•Instructed as part of the defence team acting for John Wyeth & Brother in the Benzodiazepine litigation

•Instructed on behalf of May & Baker in respect of Dimer X, a contrast medium

Clinical Negligence

All forms of clinical negligence including negligent surgery and post-operative complications, obstetric and gynaecological negligence, misprescription of drugs, plastic surgery. She has also been involved in claims involving dental and ophthalmic negligence.

Professional Negligence

She undertakes both solicitors' and barristers' negligence claims, particularly those with a personal injury element.
Other Work

She also has experience in the following areas:

•Insurance
•Sale of goods
•Contractual and partnership disputes
•Costs disputes (including costs claims against non-parties, wasted costs applications and costs arbitration)
•Landlord and tenant
•Industrial tribunals

Publications/Seminars

Contributor to Emden’s Construction Law.

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