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Bailey v MoD – Court of Appeal

Paul Dean successfully appeared for the Claimant in this case, which is reported in The Times today.

The case concerns a claim by a young woman (by her litigation friend) who suffered irreversible hypoxic brain damage following a cardiac arrest, as a result of aspirating vomit while in a very weak state in hospital two weeks after a negligent failure to resuscitate her properly after a traumatic ERCP which prevented further remedial surgery.

As a result the Claimant had a tempestuous time being transferred to the HDU and then the ITU, undergoing various procedures which would not have been necessary but for the negligence. She was left in a very weakened state and was unable to expel her vomit. The trial was on liability only. It will be a substantial claim on quantum.

Reported in Lawtel and in The Times (26.8.08). It is likely to be fully reported.

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