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Dale
Messenger in Cape Town
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Stewarts Law specialise in catastrophic personal injury work
and as part of our series taking you through the process of claiming
compensation, we wanted to share with you recent success in securing damages to
fund exoskeletons for suitable clients.
We recently acted on behalf of a serviceman in the case of Dale Messenger v Ministry of Defence.
Our client suffered serious spinal injuries in October 2009 during a live
ammunition training exercise in the Falkland Islands. During the exercise, Dale
was accidentally shot by another soldier with the bullet passing through his
right hip and out of his left hip. As a result of the shooting, Dale was left
paralysed and is wheelchair dependent.
Stewarts Law pursued a claim against the Ministry of Defence
and liability was admitted in full, with the level of compensation agreed in
September 2014. Dale Messenger recovered 100% damages including damages in
excess of £550,000 to cover the cost of an Ekso exoskeleton. The costs for the
exoskeleton covered the walking frame with replacements and its associated
costs over the course of Dale’s lifetime.
According to Ekso
Bionics who manufactures the Ekso suits, this was the first known recovery
of damages in England and Wales for this type of equipment.
When thinking of bionic exoskeleton suits, futuristic
robotic uses often primarily spring to mind. The term ‘exoskeleton’ has its
source in nature, referring to the outer skeleton that some animals have to support
and protect them.
Exoskeletons were primarily developed for military uses.
They are used to provide protection, and give servicemen the ability to bear
huge weights, in the field and in rescue operations to recover victims without
significantly moving them.
BBC News has reported on the ‘rise of the
exoskeletons’ which explores how the suits are becoming
ever more sophisticated with technological advances.
Crucially, exoskeletons are becoming commonplace in patient
rehabilitation. This is one of the most exciting areas of development in the
field of spinal injury and one that Stewarts Law takes a keen interest in. The
devices are aimed at getting the spinally injured back on their feet and
walking again.
The Ekso exoskeleton allows Dale to pursue therapeutic
walking. We have seen first-hand that this makes a huge difference to our
clients. Whilst offering the various positive physical benefits that one might
expect, walking in the Ekso resulted in significant pain relief for Dale.
Dale, who is also an Ambassador for Ekso Bionics, travels
the world demonstrating the Ekso.
According to Ben Rogers, Partner at Stewarts Law who
represented Dale, “This settlement reflects both the ability in principle to
recover damages for the Ekso and of course the need to instruct a specialist
lawyer to assist with such a claim.”
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Dale
Messenger demonstrates the Ekso for Ekso Bionics in Cape Town
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The Ekso has made a big difference to Dale who says “During
my case, many subjects were discussed and items of equipment reviewed. One such
item was the Ekso and it proved to be more valuable than I could imagine. The
benefit I get from the Ekso ranges from pain relief, improvements to my
bladder/bowel function and more recently, an increase in my motor function and
sensation. Stewarts Law worked continuously to ensure that I was kept up to
date for the duration of my case and the acquisition of funds for the Ekso in
my settlement just shows how dedicated they are. I cannot thank them enough.”
This is a field which is rapidly progressing and we expect
to see more claims that secure people access to exoskeletons.
Read more about our work with SIA here.
Ben Rogers, a
Partner at Stewarts Law, represented Dale Messenger and advises on all aspects
of catastrophic injury, with particular expertise in spinal cord, brain,
complex orthopaedic and amputee injuries.
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