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Accident at Work - Hernias from manual handling

Mr X sought damages for personal injuries sustained during the course of his employment with ADM Cocoa in Hull.

Home » Why BMcF? » Case Studies » Accident at Work - Hernias from manual handling
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As part of his duties, Mr X was engaged in manual handling activities that he alleged caused him to develop bilateral inguinal hernias to the left and right side of the groin.

​There was an episode of lifting at work whereby Mr X felt pain in the groin and developed a hernia. When undergoing a consultation at the hospital in respect of that hernia, a second hernia was diagnosed. Mr X subsequently underwent operative repair in respect of both hernias.

Mr X’s employers admitted breach of duty and the medical evidence obtained in the case supported causation however, only one of the hernias was deemed to be attributable to the working practices, that being the hernia which resulted from the episode of lifting. The second hernia was deemed to be constitutional in nature.

The medical evidence also raised the issue of a Novus Actus Interveniens (a New Intervening Act) as following the surgery, Mr X suffered ongoing pain and discomfort in the groin which resulted in him having restrictions both in terms of his daily living and his employment. It was said that the type of hernia repair carried out, was deemed to have contributed to the majority of this ongoing pain and restriction. Mr X sought advice from our clinical negligence department and is currently pursuing a clinical negligence action against the Trust that carried out the procedure.

In respect of the personal injury case against his employers, Mr X received the sum of £20,000 in full and final settlement of his claim.

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