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Shaun Ferris has negotiated the settlement of a traumatic brain injury case involving a Claimant living in Poland

The Claimant, a Polish citizen, sustained a severe traumatic brain injury whilst undertaking seasonal fruit picking work in the UK. Shortly after the accident she was discharged to a Polish hospital for treatment and rehabilitation. Upon discharge she went to live with her family in a small village in Poland.

There were significant issues as to the nature, extent and location of any rehabilitation required for the Claimant and, after discussion between the parties and their care experts, a regime was set up in Poland, overseen by a case manager in the UK. It was decided that bringing the Claimant to the UK for rehabilitation was not appropriate.

The rehabilitation regime broke down and the Claimant returned to live with her family. A second attempt at establishing a rehabilitation regime was eventually rejected by the Claimant who subsequently attempted suicide and was temporarily admitted to a psychiatric unit in Poland.

The agreed settlement provided for a care regime for the Claimant in Poland, acknowledging the risks that she might disengage with any regime put in place. It also provided for the appointment of the Polish equivalent of a deputy as the Claimant lacked capacity.

The settlement was approved by Master Yoxall in October 2015.


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