Claire Toogood KC

Claire is predominantly instructed by NHS Resolution but also acts for Claimant and MPS, MDU, MDDUS and private insurers.

Claire’s caseload involves high-value complex claims in which breach of duty, causation and quantum are all in dispute. Many cases of her arise from brain injuries at birth but Claire also has wide expertise in cases involving sepsis (including cases of multiple amputations), blindness caused by retinopathy of prematurity, stroke, epilepsy, oncology and cases against psychiatrists relating to suicide (including catastrophic injuries resulting from attempted suicide).

Claire has particular expertise in cases of fundamental dishonesty and has appeared in committal proceedings on behalf of NHS Trusts.

Selected Cases

• TB v Bedford Hospital NHS Trust [2019] EWHC 2704– Claire, instructed by Kennedys,  successfully defended the Defendant Trust in a High Court trial in which the Claimant alleged a stroke causing serious disability would have been avoided but for D’s erroneous diagnosis.  HHJ Deborah Taylor found that the Claimant would not have been compliant with her medication and lifestyle advice and in any event the Claimant had not proved that these factors would have avoided the stroke.
• CXB v North West Anglia NHS Foundation Trust [2019] EWHC 2053 – HHJ Gore KC (sitting as a High Court judge) dismissed a claim for damages for cerebral palsy, finding that the evidence of the Claimant’s witnesses was inconsistent and unreliable.  Claire acted for the Defendant Trust, instructed by Kennedys.
• Corke v Princess Alexandra Hospital NHS Trust [2019] EWHC 487 – Claire successfully defended the Trust in relation to failed surgery to fix a hip fracture, resulting in a hindquarter amputation.  The surgeon had acted reasonably in using a dynamic hip screw as he considered that he could not have successfully inserted an intramedullary nail. Claire was instructed by Hill Dickinson.
• Jabang v Wadman and others [2017] EWHC 1894 – Claire was instructed by Clyde and Co on behalf of the MPS, successfully defended a rheumatologist who had allegedly caused a delay in diagnosis of spinal tuberculosis.  Nicol J found that the rheumatologist had acted reasonably in deferring an MRI scan to a follow up appointment, which the Claimant chose not to attend.  The claim was heard on the issue of liability alone, but the Claimant valued his claim in the region of £12 million.

Claire specialises in product liability claims involving pharmaceutical and medical products. She has been involved in cases including cases involving metal-on-metal hip prostheses, breast implants and radiocontrast agents. She is instructed by major pharmaceutical companies including Glaxo Smithkline and Johnson & Johnson as well as the NHS and medical defence organisations.