Personal Injury & Clinical Negligence
Mark Lomas has considerable experience of personal injury litigation. He advises and represents both claimant and defendant clients in the entire spectrum of claims leading to personal injury or involving allegations of medical negligence, including catastrophic injury and settlements involving periodical payments.
He undertakes all types of injury claims including: road traffic accidents; air, sea and rail transport accidents; employers liability (railways, docks, offices, industrial and construction); industrial disease claims (including a regular practice in asbestos related disease and work related upper limb injury); claims against the MOD; occupiers liability; leisure/sporting accidents; injury by animals; highways claims; assault/homicide; actions involving the police; injury at school and historic sexual abuse claims.
He is experienced at all levels of claim, including fatal accidents and catastrophic injury.
His clinical negligence experience includes claims against general practitioners, dentists, and hospital staff to consultant level, from minor injury to fatality.
Recent notable cases
Kerr v Stevens – 2014
Acting for the Claimant, who suffered spinal injury when the passenger in a road traffic accident. There were contested issues over: the effect of a pre-issue admission; the liability of the owner of land adjoining the highway from which a tree fell across the road contributing to a collision with an oncoming vehicle; and as to contributory negligence in respect of an allegation that whilst the Claimant was wearing a seatbelt, she had placed the diagonal strap beneath her arm, with disputed medical and liability evidence. There was also disputed medical, employment and occupational expert evidence as to the extent of injury and loss and video surveillance evidence. The claim was settled for substantial damages 3 weeks before trial.
Ingram v Isle of Wight Primary Care Trust - 2014
Acting for the Claimant in a claim for clinical damage for hand injury sustained following damage to the common digital nerve in the course of surgery. Contested issues of quantum were determined at trial. An award of damages in excess of £500,000 was recovered, in excess of a Part 36 offer previously made by the Claimant, with resulting awards for additional sums and indemnity costs.
Geach v Bertin - 2014
Acting for a veterinary surgeon in relation to head injury sustained in a road traffic accident. There were contested issues as to the existence, nature and cause of disability and as to the extent of losses arising from an international veterinary practice conducted through both English and American-based companies. There was disputed medical and accountancy evidence. The claim was compromised for substantial damages at mediation.
Bircher v Holloway – 2014
Acting (with Nicholas Braslavsky QC) for a young man who suffered traumatic brain injury when a passenger in a car that left the road and collided with a bridge. There were contested issues of contributory negligence in relation to seatbelt use and alcohol intake by the driver and of medical evidence as to the nature and extent of long term symptoms. The claim was compromised at a joint settlement meeting and the agreed substantial damages approved by the court.
Hyland v Southampton Container Terminals Ltd & South Coast Port Services Limited - 2014
Acting for the Claimant in two joined claims for injury. The first claim was for spinal injury as a consequence of whole-body vibration sustained through machinery operation and maintained against the employer and the container terminal operator. Breach of duty, limitation, causation and quantum were in issue. The second claim was for further spinal injury suffered in consequence of a fall whilst working on a ship and pursued against the employer, container terminal operator and ship. Breach of duty, contributory negligence, causation and quantum were in issue. On the Claimant’s case the first injury rendered him vulnerable to the second, leading to inter-related issues of causation between the claims. Compromise of all claims was negotiated at a roundtable meeting against a total of 4 defendants.
Devaney v The Minister for Health and Social Services of the States of Jersey – 2014
Acting for the Plaintiff child as dependant of his father, who died of a pulmonary embolism. A claim was advanced for clinical negligence upon the basis that the opportunity of diagnosis and treatment was negligently overlooked during hospital assessment. There were contested issues of breach of duty, causation, level of dependency (as father was a self-employed tradesman) and the applicable multipliers, separately, for heads of damage affected by wage inflation and those affected by price inflation. The claim was reliant upon expert evidence from a vascular surgeon, emergency medicine specialist, haematologist and actuary. The claim compromised for substantial damages at a joint settlement meeting.
Barnett v Harlock
Acting for the Claimant now aged 20 (since about 2000). Her mother, then pregnant with the Claimant, was injured in a road traffic accident in 1993, and suffered pelvic fractures causing the Claimant to suffer skull fracture and traumatic brain injury in the womb. The Claimant was born by caesarean section and had immediate brain surgery. Advising and representing her over the years in on-going litigation. During the past year in advising upon, marshalling evidence for and obtaining a substantial interim payment to fund an independent living trial in her own accommodation with a view to moving towards final settlement of the claim.
Millward v Hill
Acting for the Claimant, who was involved in a major road traffic accident in a head on collision with a lorry and suffered disabling musculo-skeletal injury preventing work.
Dearlove v Gruszczynski
Acting for the Claimant who suffered serious leg injury in a motorcycle accident and was medically discharged from the Royal Marines, losing his intended career. Resolving liability on a negotiated split liability basis. Preparing the claim on quantum including complex calculation of loss of military pay and pension.
Dos Santos v Connex Transport Jersey Limited v John Wilkins & Co (Jersey) Ltd
Advising the Third Party in a personal injury claim. The Claimant, who suffered serious injury when knocked down by a bus at work and was in a minimally conscious state, brought a multi-million pound claim against his employer, who sought a contribution from the Third Party, alleging professional negligence in providing health and safety consultancy. Third Party claim eventually discontinued.
Mould v Timms
A man was killed in a road traffic accident. Claims were advanced on behalf of his partner (whose entitlement was denied), his daughter and his son (by another relationship). Mark acted for the partner and daughter, separately represented from the son due to a conflict between the Claimants. The issues were of the legal entitlement of the partner, dependent upon whether an usual domestic arrangement amounted to “living in the same household”, and difficult quantum assessment of dependencies given the conflicting claims of the dependants.
Scott v M40 Trains Ltd
A wife and mother sustained minor foot injury when a credit card reader in a ticket office fell on her foot. 5 weeks later she collapsed and died of a pulmonary embolism. Liability for the original accident was admitted, causation of death opposed. After prolonged litigation, disputed medical evidence and negotiation the claim was eventually settled for substantial damages.
Grant v Singh 
Acting for the dependant children of a driver involved in a road accident who suffered modest injury but committed suicide a short while afterwards. Liability and causation of death were established and the dependency claims settled for substantial damages.
Pusey v Somerset County Council 
Acting for the highway authority in the successful defence of High Court litigation asserting nuisance against a highway authority based upon public user of the highway.
Woodrow v Western Power Distribution (South West) Plc 
Acting for the Claimant who suffered paraplegia and subsequent below knee amputation following a road traffic accident and required adapted accommodation and a high value care package. Settled for substantial damages and periodical payments.
G v MOD 
Acting for the Claimant who suffered above knee amputation as a result of delayed diagnosis of delayed diagnosis of a Ewings Sarcoma. Disputed liability, causation and damages. Settled for substantial damages.
Kingshott v Portsmouth NHS Trust 
Acting for the dependants of a wife and mother who died as a result of surgical complications of a kidney transplant. Disputed liability and quantum. Settled for substantial damages.
O’H v North Hampshire NHS Trust 
Acting for a child who suffered cerebral palsy and catastrophic injury as a result of negligent peri-natal care. Led by Nicholas Braslavsky QC. Liability established and claim settled for substantial damages and periodical payments.
E v An NHS Healthcare Trust 
Acting for the estate and dependant of a patient who developed pressure sores in hospital, leading to long term reduced mobility, secondary injury through falls and eventual, fatal systemic infection. Liability and causation disputes were overcome and damages recovered on all heads of damage.
F v An NHS Healthcare Trust 
Acting for the Claimant in a successful claim arising from failure to diagnose a sub-arachnoid haemorrhage, leading to permanent disability and residential care.
R v AP 
Acting for the Claimant, who suffered amputation of both arms and other injuries in an industrial accident. An allegation of contributory negligence was refuted and the claim compromised for substantial damages.
S v W 
Acting for the claimant construction worker, who suffered a through knee amputation following a construction site accident. The claim was complicated by a significant psychiatric injury.
Linton v Ayton 
Acting for the claimant dependents and estate of a deceased mother of three daughters, coupled with claims for nervous shock by two of the daughters. The claim was complicated by uncertainty over the mother’s separation from her husband and the fact that she was not working, leading to claims for dependency based upon state benefit entitlement. Substantial damages were recovered at trial, in excess of an earlier offer made by the defendant.
G v C 
Acting (as junior counsel) for the claimant crew member of a passenger liner in relation to personal injury (principally psychiatric) sustained in an attack by Somali pirates off the east coast of Africa. The claim gave rise to difficult issues of breach of duty, causation and quantum and was successfully compromised in advance of trial.
F v S 
Acting for the claimant widow and other minor dependents following the death of her husband in a road accident. The claim was complicated by related nervous shock claims for the widow and another dependant and the fact that the widow suffered significant disability in respect of which the husband had been her main carer.
Langley v Harvey 
Acting for the claimant ground worker, who injured his wrist in a motorcycle accident. A late, post-issue application by the defendant to withdraw an earlier admission of liability for the accident was successfully defended. The claimant sought substantial damages for loss of earnings from the wrist injury, through inability to carry out manual ground works. Issue arose as to the need for him to undertake manual work as he had become the proprietor of a successful civil engineering company and as to the correct assessment of his loss of earnings, taking into account operation of his business through a limited company and the fact that the majority of company profit was reinvested. The claimant was successful at trial. The defendant’s appeal was successfully compromised through Court of Appeal directed mediation.
Harland & Woolf plc and Another v McIntyre  1 WLR 2577
A claim for damages on behalf of the estate and dependent wife of a husband who died from mesothelioma. Damages at 98% of the scheduled claims were recovered at trial. The defendant’s appeal as to the entitlement to a dependency upon a savings/pension fund paid out to the deceased very shortly before his death was successfully opposed. The Court of Appeal considered the effect of Section 4 of the Fatal Accidents Act 1976 in detail. Acting as sole counsel at trial and junior counsel in the Court of Appeal.