CRPS Compensation Claim

Clare

Clare was employed by the Local Authority as a Care Assistant in a residential home. She was involved in a road traffic accident which resulted in her suffering a rotator cuff injury to her left (dominant) shoulder. Her symptoms did not improve and ultimately we arranged for her to undergo surgery, paid for by the insurance company.

Initially, she seemed to recover reasonably well from the surgery, and ultimately was able to return to work on light duties.

However, several months following surgery she suddenly started to develop symptoms in her left arm, including swelling, hypersensitivity and a moderate to severe level of pain. Her symptoms varied in intensity form day to day. She attempted to continue working, still on light duties, but was eventually signed off by her doctor.

The orthopaedic shoulder specialist could not explain the symptoms and advised that she would be capable of returning to work on a full-time basis within 12 months. By that stage her employer was threatening to terminate her employment on the basis of long term incapacity.

Given the nature of the symptoms she was exhibiting, we asked the orthopaedic specialist whether the claimant could be suffering from Complex Regional Pain Syndrome (“CRPS”), possibly secondary to her surgery. The response we received was fairly dismissive. Nevertheless, we referred her to a Consultant Rheumatologist who is a nationally recognised expert in CRPS. He immediately diagnosed the condition.

The Rheumatologist advised that whilst the symptoms could be controlled, the claimant could not expect a significant reduction in the level of her symptoms in the future. In relation to employment, it was his opinion that the Claimant would never be capable of anything other than part-time work.

By that stage the Claimant’s employment with the Local Authority had been terminated. However, now armed with a definitive diagnosis and prognosis, the Claimant was in a better position to consider her longer term employment options, and was subsequently able to secure part-time employment in a less physically demanding job.

The valuation of the claim immediately prior to the diagnosis of CRPS was around £50,000.00. Following the diagnosis of CRPS we were able to substantiate a claim for future lost earnings and her claim settled for £200,000.00.