Jon worked as a baker for a national supermarket chain. He suffered an accident at work when a heavy cage of groceries fell on him. It struck his right arm and shoulder, resulting in serious soft tissue injuries.
He instructed solicitors who obtained a consultant’s opinion that Jon would make a full recovery within 4 to 6 months. This didn’t happen. In fact, Jon’s symptoms became progressively worse.
“Jon’s solicitor’s, who had little or no experience
of claims involving chronic pain, instructed
a consultant whose objectivity had been
called into question by a judge
in a well reported case.”
Despite pressure from his solicitors to settle his claim, Jon pushed for a re-examination with a different consultant. His solicitors agreed, although only if Jon paid the fee. Which Jon did, and the new consultant agreed that Jon was now suffering from chronic pain.
However, Jon’s solicitor’s, who had little or no experience of claims involving chronic pain, instructed a consultant whose objectivity had been called into question by a judge in a well reported case. His opinion was that Jon was “grossly exaggerating” his symptoms.
Jon’s solicitors refused to challenge that opinion, instead putting him under considerable pressure to settle his claim. This was when Jon contacted us.
“The consultant’s opinion was that Jon would
make a full recovery within 4 to 6 months.
This didn’t happen. In fact, Jon’s symptoms
became progressively worse.”
We travelled to see Jon and discussed the entire history of his case. Shortly after, Jon instructed us to take over conduct of his claim.
We instructed a leading consultant in pain medicine, whose opinion was entirely supportive, diagnosing Jon as suffering a chronic pain syndrome (CPS), which had likely also resulted in him developing a chronic pain disorder (CPD). The latter diagnosis was also confirmed by a psychiatrist with a special interest in chronic pain.
The new consultant instructed by BLB described the earlier reports as “a frankly bizarre conclusion in the face of overwhelming evidence to the contrary.”
“The new consultant instructed by BLB
described the earlier reports as ‘a frankly
bizarre conclusion in the face of
overwhelming evidence to the contrary’.”
We applied successfully to the Court for permission to rely upon the new pain expert. A psychiatrist subsequently confirmed that Jon’s chronic pain syndrome had also led to him developing a chronic pain disorder.
Extensive treatment was recommended and funding obtained from the Defendant’s insurance company to pay for this.
Given the nature of his work, even with treatment it was agreed that Jon was highly unlikely to work again full-time as a baker. Fortunately, his employer was very supportive and Jon was able to retrain with them as a Quality Control Manager, a role that he was able to pursue full time and that he enjoyed.