Nicola Mooney

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Nicola Mooney

Partner & Deputy Head of Clinical Negligence

Biography

Qualified

1985

Languages Spoken

English

Profile

I am a Clinical Negligence Lawyer at MW Brighton.  I qualified as a solicitor in 1985 and am the Deputy Head of the Clinical Negligence team. I have dealt predominantly with clinical negligence claims since 1995. I am a member of the Law Society's Clinical Negligence Panel and the Action against Medical Accidents Panel.

Before joining McMillan Williams in July 2009, I was a partner at two well-respected clinical negligence practices, Hodge Jones & Allen (where I headed up the clinical negligence team) and Thompson Snell & Passmore.

I currently handle a number of complex claims that are predominantly on behalf of children who have suffered brain injury at birth or in the neonatal period. My particular expertise is in kernicterus cases where brain damage is caused by mismanagement of neonatal jaundice. However, I continue to act for both children and adults who have been injured as a result of other forms of clinical negligence. My experience includes spinal injury claims and claims arising from various surgical procedures.

I am very aware of being an advocate for my clients in the broadest sense. Very often, the injured person or his or her family are hit especially hard by a medical accident and do not know where to turn for financial help or for practical and emotional support or even for medical and rehabilitative treatment that is so desperately needed. I consider it to be an important part of my role as a clinical negligence solicitor to use my extensive experience to help clients in practical ways throughout a claim.

Over a five year period between 2013 and 2017 3 cerebral palsy and 2 kernicterus claims that I had conduct of were finalised. The liability issues on another 2 complex cases which I have been dealing with were also resolved, one cerebral palsy case and another involving multiple limb loss caused by negligent rheumatology treatment.

On the 5 fully finalised cases just under £40 million was recovered on a capitalised basis, for our clients. On the cases where liability has been resolved a further £750,000 in interim damages has been paid.

Awards, Accreditations & Memberships

Recent Successes

  • May 2017: HMA -v- Brighton & Sussex Hospitals NHS Trust, a kernicterus claim for a very young claimant who had suffered severe brain damage causing a catastrophic motor disorder, auditory neuropathy and severely compromised communication skills. This claim was resolved for a lump sum of £4.14 million, annual payments of £250,000 per annum to age 19 and thereafter £290,000 a year.

  • February 2017: JAC -v- Brighton & Sussex Hospitals NHS Trust, a cerebral palsy claim which was brought on behalf of a teenage boy with a sever motor disorder, profound learning difficulties and a reduced life expectancy. His claim was settled for a lump sum of £2.65 million with annual payments of £207,500 to age 22 and thereafter annual payments of £240,000.

  • July 2015: AH -v- East Kent Hospitals NHS Trust, a cerebral palsy case where my teenage client had a moderate learning difficulties profile, emotional impairment and a relatively mild physical disorder. The claim was resolved for a lump sum of £2.5 million together with annual payments of £176,000 to age 25 to be followed by annual payments of £183,000 for life.

  • December 2013: XCK -v- Brighton & Sussex University Hospitals NHS Trust, a neonatal jaundice case where our young client had a very serious motor disorder and auditory neuropathy. This settled for a sum of £3.5 million together with annual payments of £85,000, increasing to £125,000 at age 12, £175,000 at age 19 and £212,000 at age 30 (the global capital value of this settlement was in the region of £9 million).

  • December 2013: Julia Emerson -v- Maidstone & Tunbridge Wells NHS Trust. a cerebral palsy claim involving a young claimant with profound learning difficulties as well as a severe motor disorder which was resolved for a lump sum of £2.6 million with annual payments of £175,000, increasing to £233,000 from age 19 (a global capital value of about £7 million).

  • September 2013: Secured an award of a lump sum of £1 million in a neonatal jaundice claim where our client had suffered auditory neuropathy spectrum disorder as a result of kernicterus but been spared any significant motor disorder (HJS -v- Hampshire Hospitals Foundation Trust)
    AVMA Clinical Negligence Panel Member

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