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Quadriplegic & Paraplegic Spinal Cord Injuries > Disabled Living & Spinal Cord Injuries > Spinal Cord Injury Compensation and Legal Advice
stellaris2
Blimey! I used to get quite hot under the collar about people bitching about Leslie Ash getting all that loot (5 million quid for MSSA contracted in hospital, leaving her paralysed) Saw her on the telly the other night, though - in heels, walking spritely along, not seeming to really need the stick she had with her, and wondered how that really justified five mil. Don't get me wrong - I am genuinely glad she has made such a good recovery, and maybe, after filming, she was so exhausted she had to spend the rest of the day in bed, but I was taken aback at how well she seemed, considering the amount of her payout.

Did anyone else catch the programme, and what did you think? (Leslie Ash: Face to Face Tues 9.00pm)
Lucydog
5 million squid? I cant believe it was that much surely?!!.................. Crikey just googled it, so it was! Does this mean that everyone who gets it gets that much and do you get 10 million if you die!!!?
Trinity
I'm sure Lucydog can correct me if I'm wrong but I believe MSSA stands for Methicillin Sensitive Staphylococcus Aureus, which is just plain Staph infection. Not quite the superbug it's made out to be, about 30% of the population carry it. Yeah sure, a staph infection can be pretty nasty, and in the wrong place could be devestating, but is it worth £500,000? I think not.

Maybe she can put the money towards some more cosmetic surgery after her last sucess!

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Illinois Boy
QUOTE (trinity @ Sep 25 2008, 07:30 PM) *
I'm sure Lucydog can correct me if I'm wrong but I believe MSSA stands for Methicillin Sensitive Staphylococcus Aureus, which is just plain Staph infection. Not quite the superbug it's made out to be, about 30% of the population carry it. Yeah sure, a staph infection can be pretty nasty, and in the wrong place could be devestating, but is it worth £500,000? I think not.

Maybe she can put the money towards some more cosmetic surgery after her last sucess!

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Now that's one Ugly Bitch....... Looks like Jim Varney in drag..............

Jim
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Quad65
...man, looks like the love-child of Donald Duck and Britney Spears. Is she listed in the Bad Plastic Surgery website?
Jsec64
Yep saw the programme.................Personally I would rather the programme have been about her own personal issues relating to her illness, recovery and how she got her payout and not about cosmetic surgery on her lips.
AS someone who contracted an illness as opposed to Trauma...I certainly wish I got £5mil to get by. I dont blame her for sueing at all because PCT's need to address the cleanliness issues within hospitals.
I know someone who contracted MRSA who was not a carrier through poor hygiene within a hospital. The GIST of which - Having contracted MRSCA once he caught it a second time because of yet again, poor hygiene whereby it was shown that particular medical products ( Medical Scrubs ) weren't used to prepare patient. He even had to tell consultant to wash his hands before an examination on open wounds.
What I found strange is that she said she would have cosmetic surgery again. I mean she was a very attractive lady prior to Lip scenario...why do women feel that they have to change their appearance albeit Boobs, Lips etc. I just don't get it.
No doubt someone will shoot me down... soapbox.gif

John
jules
Agree totally, I'm glad i'm not the only one who was unbelievably wound up about this one. Trinity you are right as well MSSA is methicillin sensitive staph aureus, which is a "normal" staph infection, despite her calling it a hospital superbug.

Jules
x
russ1
QUOTE (Clara @ Sep 26 2008, 10:04 AM) *
Unfortunately one of the things they (probably wrongly) build any compensation package on is your projected loss of earnings. If you were a top city lawyer when you had an accident you get more money than if you were working in a call centre at the time.


It was definitely an award based upon primarily loss of earnings. Why on earth is it probably wrongly? The civil laws relating to compensation are based upon putting someone back in the position they would have been in had the issue caused by someone else not happened plus a (in the UK small and in the US massive) allowance for the suffering. The court held that the hospital was liable for the injury to her and thereafter it's just a case of the court deciding how much she would be out of pocket by because of the injury. The amount for suffering would have been tiny in comparison and there's clearly no element of care or adaptations needed.

If your car gets run into you get it repaired based on the cost of repairing it not on how potentially dangerous the incident was or on how much an average car would cost to be repaired. You get the cost of repairing it, no more and no less (theoretically). Ms Ash's case is no different - she got what the court decided she deserved and whether it was a super bug or a normal bug is entirely irrelevant. The damage to her face is there for all to see.

It works the same in any personal injury case, in SCI cases for instance you get loss of earnings, cost of adaptions and equipment and then about £100,000 for pain and suffering on top.
Apparelyzed
Reading the article on the BBC news website, the two very important quotes are:

QUOTE
A spokesman for the Chelsea and Westminster NHS Trust apologised to Ms Ash for "shortcomings in her care when she was a patient".

He added: "We sincerely regret the injuries that she sustained as a result of these failings."

"The trust carried out a full review of all relevant procedures in this case to learn from its mistakes and to improve patient care.

"As a direct result, the trust updated its guidelines and provided nurses with additional training on monitoring infection."


and

QUOTE
Steve Walker, chief executive of the NHS Litigation Authority, said the payout set a new record for compensation following a hospital-acquired infection.

"It's the highest we have ever paid out. It's high because she was earning a lot of money before this happened.

"Most of the value of the award is either past loss of earnings or prospective future loss of earnings."


Source: http://news.bbc.co.uk/1/hi/health/7192605.stm

It would appear that there was liability established with the NHS trust due to lack of care in not establishing the proper treatment of the infection, and the fact that Ash's loss of earnings was so high.

There was a similar case recently of a footballer who had his leg broken, ending his football career, he was awarded more than £4.5m in compensation.

Source: http://news.bbc.co.uk/1/hi/england/7553678.stm

Regards

Simon
stellaris2
Top of her game? Did she not slip into relative obscurity after 'Men Behaving Badly'? A couple of dreary police/community nursing series and a few Homebase ads are worth a projected 5 million? How do they come up with these figures?
edlee
Not sure how it's done in the UK, but here in the states it's up to the jury.

The lawyers ask for huge amounts to get the people on the jury "adjusted" to thinking in these extreme figures.

Then they drive home the size of the institution at fault,,,,most people here have an aversion to large companies and corporations.

Hence the 2.9 million for spilling coffee in a lap,,,,, the defendent was McDonalds.

Punitve damages are awarded by the jury,also. And we seem only too happy to "spank" the big guys. Human nature , I guess.
ed
dom
QUOTE (stellaris2 @ Sep 26 2008, 09:57 PM) *
Top of her game? Did she not slip into relative obscurity after 'Men Behaving Badly'? A couple of dreary police/community nursing series and a few Homebase ads are worth a projected 5 million? How do they come up with these figures?

yes i remember her i thought she was a looker on the show its a shame she thought to tamper with her looks, remember that old woman on corrie who did the same thing with the same result?
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