Dementia And Traumatic Brain Injury: Mathieu v Hinds & AVIVA

• Published date: 26 May 2022
• Subject Matter: Litigation, Mediation & Arbitration, Personal Injury
• Law Firm: BLM
• Author: Caroline Craigie

There is a growing trend of claims for provisional damages being brought for the life-long increased risks of developing dementia arising from traumatic brain injury (TBI). This is based on an increasing body of research suggesting that TBIs may increase the risk of dementia.

Dementia is a neurodegenerative disorder which is progressive and begins years before symptoms are exhibited. The risk increases with age with 1 in 3 of the UK population developing dementia in their lifetimes. Although there does appear to be an association between TBIs and increased dementia risk, it is also known that not everyone who has experienced a head injury or repeated head injuries will go on to develop dementia. A TBI is just one factor believed to play a potential role; others include age, genetics, smoking, high blood pressure and obesity.

The difficulty faced by the courts, claimants and defendants alike is that the ability to draw a definitive conclusion is complicated by the evolving research findings into the potential relevance of non-TBI factors (as discussed above), the challenge in designing adequate studies and the lack of consistency in the definition of what is a mild, a moderate and a severe brain injury. Recent high-profile studies into dementia in rugby and football have also brought the issue to the public's attention and raised awareness of the likely association between TBIs and dementia.

Helpfully, the recent case of Mathieu v Hinds & AVIVA [2022] EWHC 924 (QB) provides clear guidance on the current judicial view.

Mathieu v Hinds & AVIVA

This was a claim arising out of a serious road traffic accident when the claimant was struck by a moped and sustained a serious brain injury. It was agreed by the parties' medical experts that he had made a very good recovery from his injuries. He was, however, seeking a claim for provisional damages in relation to the development of dementia arising from his TBI. It was the claimant's case that there was a growing body of evidence which supported an increased risk of developing dementia following a TBI. Expert neurology evidence concerning the scientific research relating to the link between brain injury and dementia was provided by Dr Richard Orrell for the claimant and Dr Oliver for the defendant. The claimant based his case on, amongst others, the Barnes paper - Association of Mild Traumatic Brain Injury with and without loss of consciousness with dementia in US military veterans, JAMA Neurol 2018 which suggested...