3PB

Personal Injury; Clinical Negligence.

Overview

Michelle Marnham is a Leading Junior Barrister with over 20 years experience, specialising in Personal Injury and Clinical Negligence.

Michelle has particular interest in catastrophic injury claims involving CRPS, traumatic brain injury, spinal injury and fatal accident claims.  She is regularly instructed in cases with technical aspects on liability and in a wide variety of employers’ liability, Highways Act Claims and Road Traffic Accident claims.

Her Clinical Negligence practice includes expertise dealing with brain; neo-natal and birth defect claims; spinal injury; orthopaedics; sepsis.

She has expertise in dealing with allegations of fundamental dishonesty against a background of complicated factual and medical evidence. She is regularly instructed to appear against silks.

Michelle is recommend in the Legal 500 as ‘a persuasive and effective advocate who is particularly skilled in dealing with claims involving complex issues.’ .

Michelle’s clients say she has a "charming personality" and a "sharp mind".  Her empathy and rapport with clients provides reassurance and confidence that their dispute will be resolved in a timely and cost effective way.  Michelle regularly contributes articles for Chamber’s newsletter.

Michelle is Head of 3PB's Personal Injury and Clinical Negligence team.

Michelle Marnham is an employee of Michelle Marnham Limited, a private limited company authorised by the Bar Standards Board to provide legal services (BSB entity number 186920). Michelle Marnham Limited has a contractual arrangement with 3PB Barristers to provide clerking and administrative services including billing and complaints handling. Personal Injury

Michelle specialises in personal injury with associated professional negligence and fatal accident claims.  Michelle is regularly instructed in cases with technical aspects on liability and in a wide variety of employers’ liability, Highways Act Claims and Road Traffic Accident claims.

Michelle has extensive experience in cases concerning staged accidents/RTA fraud and high value ‘malingering’ PI cases.

Michelle is Head of 3PB's Personal Injury group.

Personal Injury Areas of Expertise

Abuse Claim Asbestos Catastrophic Injury Construction Site Accidents Employers Liability Fatal Accident Claims Foreign Jurisdiction Claims Highways Act Claim Occupational Disease Occupiers Liability Professional Negligence Product Liability Psychological Injury Public Liability Road Traffic Accidents Travel Claims WRULD

Recent Cases

Brain Injury

G.  Instructed on behalf of the Claimant (protected party) , who suffered significant head injury at the age of 17 months, now aged 18. Requiring expert evidence from experts in the fields of Neurosurgery, Neurology, Neuro-radiologist, Neuro-psychology, Neuro-psychiatry, Educational Psychology and Care and Occupational Therapy. Experts instructed on behalf of Claimant have identified long term symptoms and that the Claimant lacks capacity. Extent of injury in dispute with Defendant.  Settlement approved by Master of the High Court in the sum of £1,110,000.

E v D. Instructed on behalf of the Claimant who suffered significant injuries as a result of the road traffic accident, including a moderate/severe traumatic brain injury. Claimant also suffered significant psychological injuries. The Claimant required significant rehabilitation and was medically retired from her previous career as a solicitor. The Claimant was left with permanent neuropsychological difficulties. Injury and quantum in dispute. Case settled at JSM in excess of 1 million pounds.

S v  D.  Representing Claimant who suffered brain injury in a RTA and significant Orthopaedic injuries.  Ongoing rehabilitation.  Liability, causation and quantum in dispute.  Recent Pathfinder Meeting.

Instructed on behalf of the Claimant who suffered a traumatic brain injury and other significant injuries and now lacks capacity as a result of being run over by her ex-partner, who was subsequently convicted. Liability disputed. Defence pleaded Ex Turpi Causa, Volenti and Contributory Negligence. Liability subsequently agreed and approved, shortly before trial, apportioned 67%/33% in the Claimant’s favour. Case proceeding to trial on quantum. High value claim.

Instructed on behalf of Claimant who suffered a traumatic brain injury with psychiatric overlay as a result of a Road Traffic Accident. Complex issues on causation and impact that it has had on Claimant’s ability to return to work. Value of claim in excess of £300,000.

M v. A and M. Instructed on behalf of Claimant who sustained life changing injuries as a result of a road traffic accident, including traumatic brain injury with permanent cognitive difficulties, personality change impaired balance and mobility. Claimant also suffered vertical squint and orthopaedic injuries. As a result of his injuries the Claimant lacks capacity.  Settlement Approved

Spinal Injury

G v. F. Instructed on behalf of Claimant who suffered life changing severe neck injury with the potential to make him tetraplegic: disruption of supraspinous and interspinous ligaments from C2 to C6, disc protrusions at C3-4 and C5-6. Liability agreed 50/50. Quantum in dispute, in particular Ogden Disability and future work capacity. Case settled at JSM in the excess of £2 million, prior to the 50% deduction.

F v S.  Instructed on behalf of  Claimant who suffered significant injuries including a left talar neck fracture and dislocation of the peroneal tendons and would require a fusion, a significant injury to his abdomen, that involved the loss of 2 inches of ileum from perforations and the removal of the sigmoid colon and an adjustment Disorder with Mixed Anxiety and Depressed Mood. Quantum in dispute, including whether the Claimant was ‘Ogden Disabled’, the appropriate reduction factor and the Claimant’s likely career path ‘but for the accident’. Case settled at a JSM  in excess of £725,000.

C v. Y. Instructed on behalf of Claimant, aged 18, who sustained significant and life threatening injuries when he was rendered quadriplegic at scene and underwent a C5 corpectomy.  Claimant also suffered a traumatic brain injury and left with permanent residual symptoms and career path altered, resulting in a catastrophic injury claim. Injury and quantum in dispute.  Fundamental Dishonesty raised at a JSM and Defendant disclosed surveillance.  Claim compromised in the sum of £500,000.

T v. I.  Instructed on  behalf of Claimant who suffered a significant to his pelvic and spine causing sexual dysfunction  during the course of his employment whilst tasked with felling a tree.  Primary liability denied and contributory negligence alleged.  Causation and injury also in dispute.  Case settled at JSM

Orthopaedic & Chronic pain

D v. D.  Acted for Claimant in respect of catastrophic injuries sustained in a road traffic accident. Injuries included a traumatic below-knee amputation through the right leg, a traumatic amputation of the right arm, a significant brachial plexus injury and Post Traumatic Stress Disorder of moderate to severe type. Damages awarded in excess of 1 million pounds.

J v. C   Acted for the Claimant who  suffered traumatic amputation of index finger as a result of an industrial accident.  The Claimant went on to develop Complex Regional Pain Syndrome affecting the index finger and hand.  To address CRPS the Claimant subsequently he underwent surgery to implant a C6 Dorsal Root Ganglion Stimulator (‘DRG’) with left pectoral implantable pulse generator (‘IPG’). Following the DRG surgery the Claimant’s lower limbs were affected, including swelling in his left foot and his ability to walk was compromised. He was referred to a neurologist who diagnosed onset of Functional Neurological Disorder (‘FND’).  Primary liability admitted.  Contributory negligence alleged.  Case compromised with an award of damages of £1.1 million.

F v D.   Instructed on behalf of Claimant who suffered a left hand crushing injury and developed CRPS requiring selective amputation of the limb. Catastrophic injury claim. Liability and quantum in dispute.  Case settled at JSM in the sum of £750,000

S v. R.   Acted for a 37 year old diamond driller who suffered a crushing injury to his left [dominant] hand leading to Complex Regional Pain Syndrome Type II; Depressive Disorder; and an Adjustment Disorder with Anxiety. Despite significant treatment to the left hand including neurolysis of the digital nerve and local flap to cover the nerve and also further surgery to bury the neuroma the Claimant continued to suffer pain in the hand with reduced grip and pinch strength. The Claimant underwent full implant of spinal cord stimulation which helped to reduce the pain. The need the spinal chord implant Claimant was permanent and the Claimant suffered permanent neuropathic pain of the most severe form. The claim was successfully compromised at a joint settlement meeting for a figure in excess of ½ million pounds.

Y v. C  Representing the Claimant who sustained significant injuries in a road traffic accident, including fibromyalgia, injury to her cervical and lumbar spine with chronic pain, and severe bilateral tinnitus. Injury and causation in dispute. Case proceeded  in the High Court of Justice. Successful compromised following Joint Statements.

H v T.  Instructed on behalf of the Claimant who suffered injuries at the age of 16 in a road accident. Injuries include: open comminuted fracture of the right femur; complex Grade III A fracture, with delayed union; open fracture of the right tibia; multi-fragment injury to the right knee; and Post Traumatic Stress Disorder. C required a tibial osteotomy. Claimant will require a knee replacement at the age of 28-31 and revision at the age of 48-56. Claim compromised at a JSM in excess of £700,000.

Assault

J v. T, M v T Instructed on behalf of two Claimants in respect of claims in damages for personal injuries and other losses they suffered as a consequence of historical sexual abuse perpetrated against them by their maternal grandfather when they were 3 –8 years of age. Both Claimants were diagnosed as suffering Specified Trauma-and stressor-Related Disorder (DSM-V 309.89) during childhood and continuing, Major Depressive Disorder (DSM-V 296.2); and Panic Disorder (DSM-V 300.01). It was successfully argued at the Assessment of Damages hearing that both Claimants had significantly underachieved at school and suffered a reduced earning capacity as a result. The claim raised issues including whether aggravated damages was appropriate, the correct discount to be applied to the multiplier and the Claimants’ future capacity for work. Both Claimants were awarded in excess of £200,000.

Industrial Disease

B v. C Instructed on behalf of Claimant who developed asbestosis. Case concerned issue of date of knowledge and limitation.

G v. C Instructed on behalf of Claimant who developed mesothelioma based upon exposure during manufacturing employment.

M v. C. Acted on behalf of Claimant who developed asbestos related disease as a result of husband’s exposure to asbestos in factory

Junior Counsel to Colin Edelman QC in which they successfully acted for a large corporation (quoted on AIM) against a leading worldwide insurance group in respect of a dispute concerning a Public Liability Insurance Policy in the context of asbestos related disease. Involved detailed understanding of the cause of asbestos related disease and development of the disease.

Clinical Negligence

Michelle’s clinical negligence practice, perfectly complements her personal injury and professional negligence practice.  Her reassuring, tactile and empathetic approach with clients in conference builds a strong rapport and confidence.  Michelle is an excellent advocate and excels in litigation and mediation and is highly praised for her written work.

Clinical Negligence Areas of Expertise

Brain Injury Neo-Natal and Birth Defect Claims Spinal Orthopaedic Sepsis Product Liability Cosmetic Surgery

Cases of interest include:

A claim arising out of the negligent  treatment of a  pathological fracture of T2 causing compression of the spinal cord with evidence of  metastatic cancer and also a traumatic fracture across the T9/10 disc space. As a consequence, the Claimant suffered significant harm, including paralysis, mechanical unstable spine leading to persistent pain, cord compression and incontinence of both bladder and bowel incontinence. A claim concerning the failure to act upon the pathological diagnosis of gallbladder cancer  following an laparoscopic cholecystectomy, with a resultant 8 month period delay in  the management and treatment of the cancer, from which the Claimant subsequently died. A claim arising out of the delay by GP in referring Claimant to a gastroenterologist  for an urgent  OGD leading to a delay in diagnoses  in respect of oesophageal cancer and the development of advanced esophageal cancer. A claim relating to the negligent treatment of left foot and leg pain with a non-healing foot ulcer, which led to the Claimant requiring a  left above knee amputation. A claim arising out of the failure to recognise that the Claimant was suffering from infection following circumcision  and bilateral vasectomy, leading to the Claimant developing Fournier’s gangrene requiring repeated debridement and skin grafting. The claim was also advanced upon the basis of lack of informed consent. A claim arising out of the failure to obtain the Claimant’s informed consent in respect of an open inguinal hernia repair. As a consequence, the Claimant developed ilioinguinal neuralgia, increased pain, discomfort and erectile dysfunction. A claim arising out of the delay in diagnosis  of Claimant’s aortic dissection. Breach of duty not in dispute, causation denied. A claim arising out of a failure to detect stones within the gallbladder and the common bile duct, causing the Claimant to suffer prolonged pain, vomiting and distress. A claim in the delay in diagnosis, management, and treatment of cervical cancer. A claim concerning whether the Claimant was properly consented in respect of splenectomy, in circumstances that the Claimant subsequently developed sepsis and an untimely death. A claim concerning failure to correctly diagnose the Claimant as suffering from Diffuse B-Cell Lymphoma leading to the development of advanced cancer. A claim concerning the failure to investigate and treat a lung lesion, resulting in a delay in diagnosis of the Claimant’s lung cancer from which the Claimant subsequently died. A claim arising out of the failure to monitor the Claimant on admission in respect of hypoglycaemic episode leading to an overdose of insulin causing a further hypoglycaemic episode and seizure. A claim relating to the diagnosis and treatment of a sessile polyp following a sigmoidoscopy. As a result of the delay  an abdominoperineal resection  became necessary, and the Claimant lost a large part of his bowel. A claim in the delay in diagnosing and treating the Claimant’s cauda equina syndrome. A claim arising out of the failure by an optometrist to investigate abnormality of vision following a sight test that would have revealed the presence of a partial detached  retina. As a consequence, the Claimant subsequently  suffered a detached retina.

Year of call 1994.

Personal Injury Bar Association (PIBA)

LLB Hons (University of Essex), 2:1

When not working, Michelle enjoys spending time with family and friends.  Her two daughters enjoy their family skiing holidays, which fuels Michelle’s passion for skiing and keeping fit.