Jeremy Roussak | Manchester, Leeds & Birmingham

Jeremy’s experience of clinical negligence law extends to over 900 cases, in which he has acted mainly for claimants. These have involved nearly all major medical specialities, including orthopaedics (adult and child), obstetrics and gynaecology, urology, ophthalmology, general surgery, hepatobiliary surgery, infectious disease, cosmetic and reconstructive surgery and, of course, cardiothoracic surgery.
 

Significant and Reported Cases

Worrall v Antoniadou [2016] EWCA Civ 1219

Appeared for defendant plastic surgeon in successful appeal against finding of negligence made against her at first instance. Trial judge’s findings of primary fact were reversed, as was his finding of breach of duty.
 

TN v Salford Royal NHS Foundation Trust (2015)

Acted for young (29-year-old) claimant rendered hemiplegic by negligently-conducted neurosurgical procedure. Liability was admitted. The claim was compromised for a lump sum payment of £1.3m with a periodical payments order of £55,000 per year to age 55 and £80,000 per year for life thereafter.
 

Royal Wolverhampton Hospitals NHS Trust v Evans [2015] EWCA Civ 1059

Secured dismissal of appeal by defendant NHS Trust against a finding of liability arising out of their negligent conduct of a total hip replacement, causing a sciatic nerve palsy. The case now continues on the issue of quantum of damages.
 

Davenport v Ministry of Justice High Court, Shrewsbury District Registry, 2011

Successful defence of clinical negligence action arising out of a suicide in prison.

Jeremy has appeared at numerous inquests. Where the death has arisen out of possible clinical negligence, industrial accident or exposure to asbestos, he has usually been instructed by the family of the deceased. Where the death has occurred in custody, he has generally been instructed by the Ministry of Justice.

Significant Reported Cases

M v Ministry of Justice [2009] EWCA Civ 419

Successful limitation-based defence of claim brought under the Human Rights Act, arising out of a suicide in prison.

Jeremy is frequently instructed, by both claimants and defendants, in cases in which illness is alleged to have arisen as a result of exposure to asbestos.

Significant Reported Cases

Matthews v Collins & ors [2013] EWHC 2952 (QB)

Successfully resisted an application to strike out an asbestos-related claim where the claimant widow had allowed the coroner to destroy lung tissue samples taken from her late husband.

Shaw v Stead McAlpin & Co Ltd, Carlisle County Court 2012

Recovered nearly £200,000 for widow of man who had been awarded provisional damages in 1998 for pleural plaques and had subsequently died from asbestosis.

Jeremy’s personal injury practice is split roughly equally between claimant and defendant work and includes cases arising out of road traffic accidents, industrial accidents and disease.

Significant Reported Cases

M v Ministry of Justice [2009] EWCA Civ 419

Successful limitation-based defence of claim brought under the Human Rights Act, arising out of a suicide in prison.

Lewis v Secretary of State for Health & anor [2008] EWHC 2196 (QB), [2008] LS Law Med 559

Declaration that disclosure by the Atomic Weapons Establishment to the Redfern Inquiry of medical records of deceased employees would be lawful.

Lahey v Pirelli Tyres Ltd [2007] EWCA Civ 91, [2007] 1 WLR 998

District Judge’s options when assessing costs after acceptance of Part 36 offer.

Brown v Ministry of Defence [2006] EWCA Civ 546, [2006] PIQR Q9

Assessment of future loss when career in Army cut short by injury just after start of basic training.

McCrae v Chase International PLC [2003] EWCA Civ 505, [2004] PIQR P21

Basis of assessment of future loss of earnings.