K v Industrial processing company

The Claimant suffered a soft tissue injury to her dominant index finger following an accident at work in England. Liability was admitted. She returned to her native Lithuania and underwent a series of operations which ultimately resulted in the amputation of the index finger. The Defendant argued that the medical treatment in Lithuania was negligent to the extent that it constituted a “novus actus interveniens.” The Claimant suffered from ongoing chronic pain.

There were significant differences between the parties regarding causation and quantum. The case clearly had the potentially to become extremely protracted and costly due to potential joinder of additional parties. The Claim was issued, but the parties referred it to IE immediately thereafter and IE helped the parties with directions thereby avoiding any CCMC. Before the date that the Court Service could have given for the first CCMC, the entire claim was resolved at a level that was advantageous to both parties.