(7).Can we trust Solicitors & Ins. Co. with our private info
Uploaded by: colinberry1
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Hi all just a quick update for those who have been keeping an interest in our case " Accident at Costco's" our new solicitor has asked me to make a "Statement" for the next case management conference to be held in Central London County Court for trial instead of Edmonton County Court. I will be posting my statement below but I am sure that our solicitors won't agree to it and will make changes? Will put you all in the picture of the outcome.
Statement I Colin Berry am making a statement on behalf of my wife Mrs. Mary Berry and my self; the reason why Mrs. Berry is unable to make her own statement is because of a head injury received at the accident. I Colin Berry am a self employed businessman who ran an established business since
1983 named "Colin Berry BMS" it specialized in Electrical and Plumbing and also offered to carry out Building Maintenance Specialist work on commercial and domestic properties. My wife does domestic work, 31 and a half hours a week for various individuals including 10 hours for Enfield Council, sh
e also carried out additional work dealing with the clerical side of my business in taking calls and keeping accounts to date. Accident at Costco We went shopping on the 5 April 2003 at Costco Chingford around 5:00 p.m. after passing the first isle walking in between the first and second isle we h
eard an enormous bang that shook the whole building, preventing my wife from taking another step forward she flew out of my grasp and vanished followed by another enormous bang two washing machines lying in front of me but my wife was not to be seen, I panicked trying to find her she was thrown abou
t 10 ft behind me in the opposite direction from where we were heading. She was unconscious with blood coming from her mouth, I laid beside her calling her name and suddenly realized that she needed an ambulance and shouted out, get an ambulance, but there was no one around it must have frightened e
veryone, it seemed forever but eventually someone tiptoed and poked their head around the corner I screamed at them get an ambulance please. Finally a plea was announced across the tannoy asking for Medical Assistance, a doctor and several other people two of which were an ambulance crew; they were
directed to the scene by Costco's management but the management kept well away from the seen of the accident? My wife finally stirred I asked her if she was all right but she was still dazed the ambulance crew that was shopping there came and introduce themselves to me and began to put my wife into
a safe position awaiting the Air Ambulance crew to arrive. Police The police were called, their was around five officers at the accident they had to seal the whole area off one of the police officers who was taking photos remarked, don't worry we have taken 14 photos of the incident and have all
the names of the witnesses, he pointed up to show me where the washing machines were stacked, 8 machines on the highest shelf the remaining 4 were tipping over, there was barely sufficient room to accommodate the 4 that fell at the back, the bottom 2 machines fell on the racking on our side the top
2 machines that fell and hit my wife was 30 ft. high the police officer remarked how the machines manage to pull the cling film down because of their weight resting on it due to the 20% overlapping. Air Ambulance The air ambulance crew had to cut my wife's clothes off to enable them to assess her
injuries, she was in a lot of pain and refused to move they eventually managed to lift her on to the stretcher and went, I was told that a constable would take me to the Royal London Hospital. When I arrived at the Hospital she was in the emergency intensive care area where a lot of X-rays was take
n, after a while a Doctor approached us with the X-ray and informed me that three of my wife's vertebrae's were fractured and showed me on the X-ray that there was concern for internal bleeding and wanted to take more CT scans, now it is past 10:00 p.m. I am told that it is best that I go home don't
know the area and asked my son-in-law to come and pick me up. Admitted in Hospital My wife was in intensive care for five days and was moved to an adjoining ward after, she had to wear an extremely restrictive "neck collar MJ 200L" for over a week, she had bruises to the head and extensive bruisi
ng to the right side of her rib cage and arm, she looked a mess, she could not turn her head to the left without extensive pain, she had a body cast made and fitted, that allowed her to move more freely, 12 days later I over heard a conversation made by her Consultant Dr. Afshar on the phone debatin
g whether or not to discharge my wife with his superiors, "there is a possibility that the bone may break away" after the phone call he approached us saying there is a shortage of beds would she be prepared to accept to be discharged. Well I gather that they were willing to take the risk on behalf o
f my wife, throwing the ball into our court, I guessed if there were patients that needed the bed it would be right that she accepted to be discharged and I agreed. (I am appalled to think that the NHS is under such considerable strain that they are prepared to release patients with such severe dama
ge to their vertebras and partial movement to her neck, not to mention her head injury, which was totally discarded.) Outpatient at Bart's Regular X-rays was taken at Bart's Hospital and a CT Scan at the London Chest Hospital revealing, this is what the nurse had to say, "in the 15 years doing thi
s work I have only come across one other similar fracture, there is only a wedge remaining of one vertebrae carrying a rib, how did this happen?" I mention to the Consultant's in charge of Mary's case at Bart's that she has a memory problem and was told, I am a Consultant Neurosurgeon there is nothi
ng I can do for Mary and finally referred Mary to a Consultant Neurologist Dr. Gawler at Bart's. Dr. Gawler said that he couldn't locate any problems with Mary's short-term memory loss. Dr. Gawler requesting that Mary see a local psychiatrist, letter sent to Mary's GP Dr. Connaughton, letter dated
24 March 2005; he had also made an appointment with a Mr. Blunden Chartered Clinical Psychologist for the 27.6.05. At the appointment on 27 June 2005 Mr. Blunden told me that Mary's GP failed to carry out the request made by Dr. Gawler for a local Psychiatrist to see Mary. Apparently I only knew of
the appointment to see Mr. Blunden he was annoyed that the request was not followed through by Mary's GP. Eventually Mary saw a local Psychiatrist, Consultant Psychiatrist at the CMHS Edmonton N9 Dr. Balasubramaniam asked for reports from the following doctors mention. Psychologist Dr. Gillion Cent
ury was assigned to her case, further test conducted by Dr. M. K. Burke Clinical Psychologist and was referred on to Dr. Kizzy Alner Clinical Neuropsychologist at Queen's Square London, she advised me that our Solicitor should obtain private rehab for Mary "remarked Medico Legal should have been inv
olved in the first six months," she advised in her report that Mary should obtain rehab. Our first and second Solicitors' failed to see the need to obtain rehab for Mary or even obtaining an independent Medical Expert Report, with my constant pleading for protocol rules to be in force the both Soli
citors' ignored my request, I had to report the both Solicitors' to the Law Society. They failed my wife dismally and refused to obey any of my instructions. Currently we are on our third firm of Solicitors' and my wife is still consulting a local psychiatrist and awaiting Brain Rehab assessment at
Edgware Hospital. Second Claimant Colin Berry I am still in a dream I cannot believe what has happened, my heart torn from me and haven't had the time to recover, its as if my soul is missing and has been replaced with sheer determination. My world fell apart and have not been given the opportunit
y to recover in the midst of deep sorrow and destruction lies a soul that is misplaced and required some form of normality to regain its consciousness. Extremely hurt injured and bitter determine to get justice at no matter what cost. Business and accounts We was thrown into the deep end and left
to die, we received no financial help or advice from the hospital or our solicitor, eight months before an interim payment of £5,000 was offered, my wife required constant care, I had to employ someone we knew and trusted and someone to help with the backlog of work already booked in my business, p
ledges that we could not deny, customers that had over twenty years loyalty and elderly. I had to accomplish clearing my pledges in whatever way I could and what ever help I could get, realizing that it was impossible to keep my business going due to extreme circumstances I find myself in, the reali
ty is that people want plumbers and electricians ASAP and remain till the job is done. After dismissing our first appointed solicitor for professional negligence he demanded £15,000 + to release the files eventually settled for £5.875.00 as an interim payment. The second appointed solicitor took
the case on a private client bases, saying that it was till they received the files from the first solicitor but decided to leave us on a private client basis till they finally came off the records that was a further £1,000 in interim payment. We have cleared all of our savings of £15,000 and Ma
ry's life insurance policy of a further £10,000 and loss of earnings for 4 and half years. This accident not only destroyed us physically but also mentally and demolished all the faith we had in our society.
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