Deirdre Goodwin

Date of Call 1974

 

RANGE OF EXPERIENCE

Deirdre has more than 30 years' experience, covering a range of criminal and civil work, including commercial litigation and aviation insurance.  Her professional practice has included important developments in clinical negligence and personal injury law, the areas in which she now specialises, in particular catastrophic injury claims arising from traumatic or acquired brain damage.  She has recently been included in Chambers Directory for the fifth consecutive year as a ‘leader in her field’ in Clinical Negligence.

QUALIFICATIONS

LLB (Hons) University College London [2.1]  (1972)
Bar Finals College of Law, Chancery Lane [2.1] (1974)

 

CAREER PATH

 In 1984 she joined the Chambers of Roger Ellis QC at 13 King’s Bench Walk to concentrate exclusively on civil litigation.

From 1976 –1984 she was a tenant in the Chambers of John Dunning at 11 King’s Bench Walk, with a combined criminal and civil practice.

She joined the chambers of Michael Sherrard QC (subsequently Peter Pain QC) at 2 Crown Office Row as a pupil to Michel Kallipetis in 1974. For the next two years she combined her practice at the Bar with lecturing for the University of London external LLB and Solicitors Finals.  

She was called to the Bar in 1974, having graduated from University College, London in 1972 and spent a year working in London Teaching Hospitals obtaining experience in hospital administration and gaining insight into clinical practice and employment law.

 

PROFESSIONAL PRACTICE

Her professional practice has covered:

Commercial litigation, employment and building disputes.

A complete range of Criminal work, mainly for defendants.

More than 15 years’ experience in Employment work, mainly for Defendants, including employment litigation against the Print Unions. This provided a useful insight into the litigation strategies of Claimant advisers, insurers and solicitors, and she gained a reputation as a tough negotiator, which she has subsequently put to good use.

Extensive practice in Clinical Negligence with particular interest in catastrophic obstetric and perinatal asphyxial brain injury, Erb’s palsy, neurosurgery, major orthopaedic iatrogenic injury and delayed diagnosis of cancer and meningitis.

Personal Injury, acting for claimants and defendants focusing on catastrophic injury arising from head and spinal trauma and Fatal Accident Act claims. 

Deirdre has been involved in leading developments in personal injury, clinical negligence and structured settlement cases including acting for the first personal injury plaintiff to recover £1 million damages. 

LEADING CASES

A large number of clinical negligence and personal injury cases where potential damages are often in excess of £4 million.  Interesting cases include:

 

• Harrop (1988), the first PI claim to exceed £1m, including breaking new ground in recovering sums for parents’ loss of income and costs of retaining a team of professional head-hunters to recruit a multi-disciplinary care team;

• Murphy v Wirral HA (1996) Med L R Vol7 p99; Compromised on appeal at 90% on liability; award of £2.25 million.

• Bolitho v City & Hackney HA (1997) W.L.R H.L. p1151, the definitive ruling on the interpretation of a  ‘responsible body of medical opinion’ within the Bolam test, and its application to acts of omission and causation; Deirdre was Junior Counsel throughout the case: she settled the Grounds of Appeal to the Court of Appeal, the question for certification by the Court of Appeal to the House of Lords (granted without further submissions), and the written Petition to the House of Lords where she was lead Junior Counsel.

• Mansell v Pembrokeshire AHA (13 October 1998) £3.28m for cerebral palsy following birth asphyxia, child with intact intellect, damages partially structured;
• Thompson v Sheffield Fertility Clinic (Medical Litigation, November 2000) Contractual breach: three embryos replaced instead of the two specifically agreed between the parties
• M v K (July 2000) (£700,000 for 70 year old female tetraplegic; one third agreed contributory negligence [£1.05m full liability]);
• Marshall v St. George’s Healthcare NHS Trust (2001) (£950,000 for cerebral palsy following birth asphyxia; 6 year old claimant with life expectancy of 18 years);
• D v G (September 2001) (£4m for C2 level non-traumatic tetraplegia resulting from clinically contra-indicated cervical angiogram.  Settlement included sum in respect of punitive costs and interest under CPR Part 36.21 following D’s failure 12 months earlier to accept Claimant’s £3m Part 36 offer); Claimant died 2 years later leaving ‘windfall’ fund of more than £4.5 million.
• Harding v Avon Health Authority  (November 2002) (‘bottom up’ structured settlement of £700k lump sum + £75k p.a - equivalent to £3m lump sum discounted 25% from £4m for significant litigation risk);
• Taylor v Anderson & Taylor Bros Plant (October 2004, Wakerley J), £3 million settlement of serious head injury claim arising from a RTA; compromised at about 60:40 to reflect contributory negligence; significant & complex past and future loss of earnings/shareholding claim.
• Carlisle v Wirral Hospitals NHS Trust (November 2004, Poole J). Birth asphyxia resulting in cerebral palsy (spastic diplegia), liability admitted.  Significant motor deficit involving all four limbs but good function in one arm; evolving evidence of frontal lobe damage affecting higher executive function; good communication skills and lively personality.  Life expectancy to age 69 years.  Settlement £3,9 million of which part was used by the NHS Trust to fund annual Periodical Payments of £24,000 rising to £36,000 at age 19.
• Whitaker v Estate of Nuttall decd and MIB (November 2004, Davis J).  RTA resulting in catastrophic brain damage. Liability admitted.  Settlement £4.75 million of which £1.5m used for structured settlement self-funded by the MIB.  Significant dispute on life expectancy (compromised at 58 years); complex arguments concerning past and future loss of earnings plus accommodation and care claims.
• Goldsmith (2004) birth asphyxia.  Considerable causation difficulties.  £3.08m settlement
• French v Macauley (June 2005, Hallett J). GP negligence, delayed diagnosis of meningococcal septicaemia in 4 year old boy resulting in global developmental delay, profound bilateral sensorineural hearing loss and mild hemiplegia. Liability admitted.  £3.25m settlement took account of likely local authority funded provision of small group residential living scheme when an adult.
• Peachey (June 2005). £475,000 for below-elbow amputation following hospital acquired fungal infection contracted in NICU when 24 week neonate. Settlement included private prosthetic provision for life.
• N v Birmingham Heartlands & Solihull NHS Trust (settlement July 2005) (Wrongful birth claim: £417,000 for mother of child born with hemimelia (one arm) -included care to age 25 and private prosthetics provision for life)
• O’Donnell (September 2005): £758,260 for moderately severe brain damage in motor cycle accident; 20% agreed contributory negligence for awareness that rider had been drinking
• D v Mid-Essex Hospital Service NHS Trust (October 2005) (£306,700 settlement of Grade 2 Erb's palsy claim arising from anaesthetic injury (scalene block) to spinal cord suffered at age 4. Serious psychological injury. Settlement for 11 year old claimant included past and future cost of private school fees)
• Re: G (June 2006) £550,00 for visual deficit and cranial deformity following delay in diagnosis and treatment of raised intracranial pressure in child with congenital syndrome
• Thomas v County Durham & Tees Strategic Health Authority (December 2007).  Settlement (23 year old claimant with life expectancy to age 36): £725,000 lump sum and periodical payments of £70,000 indexed to ASHE 6115.  Very elderly case with significant litigation risk – settled at 50% of full value 
  
• Rawlinson v United Lincolnshire Hospitals NHS Trust (April 2008): £230,000 for exacerbation of effects of a severe sub-arachnoid haemorrhage through failure to prevent and/or treat hypernatraemia, and where claimant would have required lifetime residential care in any event 
• Bowra v Maidstone & Tunbridge Wells NHS Trust (November 2008) 75:25 liability settlement of neurosurgical claim arising out of delay in investigation and treatment of a pineal tumour where there were complex causation issues. 
• ACE v Great Ormond Street Hospital for Children NHS Trust (July 2009) £5.85m settlement where balloon burst during a paediatric cardiac catheterisation procedure
  
• B v East Lancashire Hospital NHS Trust (July 2009) £465,000 settlement of bilateral Erb’s Palsy claim

OTHER PROFESSIONAL ACTIVITIES

Member of the Midland Circuit
Member of Personal Injury Bar Association (PIBA)
Member of Professional Negligence Bar Association (PNBA)
Member of the Oxford Medico-Legal Society
Contributor to two chapters on procedure (Video Evidence and Medical Examination) in the PIBA Personal Injury Handbook (2^nd edition)
Team Leader of the 13 KBW Personal Injury and Medical Law Teams
Editor and principal author of 13 KBW Personal Injury and Medical Law Update sent out to over 400 professional clients
Visiting Counsel to the Cayman Islands Health Services Authority
Lecturing on medical law and ethics, clinical negligence & catastrophic injury claims to lawyers and health professionals

LANGUAGES

Fluent French and good working knowledge of German

INTERESTS

Music, Medieval History