Paul Fouad represented a middle aged man in a claim against Medway NHS Foundation Trust. The gentleman had sustained a ruptured bicep tendon after falling from a ladder during a DIY project.

An attempt was made to repair the tendon, but it was alleged that this was done negligently with the tendon routed between the two main branches of the radial nerve. It was also alleged that there was a delay in follow up with a repair operation not being carried out until around 17 months after the original operation.

Although the repair operation improved some symptoms, the man was left with significant restriction in his hand dexterity to the extent that it was alleged he was likely to be deemed as “disabled” within the meaning of the Equality Act 2010. His symptoms, which would restrict his work and day to day living, were thought to be permanent.

Some admissions were made by the Defendant and settlement was agreed in the sum of £70,000.