Mild Traumatic Brain Injury And Dementia ' Court Confirms Still No Causal Link

• Published date: 20 April 2023
• Subject Matter: Litigation, Mediation & Arbitration, Personal Injury
• Law Firm: Weightmans
• Author: Patricia Williams

More litigation over the link between TBI and dementia expected in the coming years

The executors of the estate of the late Geoffrey Charles Ivory v Swale Borough Council

On 4 April 2023 HHJ Timothy Parker handed down judgment in this important case with regard to the judge's findings on the causal link, or lack thereof, between a mild traumatic brain injury (TBI) and the development of dementia, upholding the findings of the court in Mathieu v Hinds & Aviva [2022]EWCH (QB) on the current state of science on the subject. The judge also confirmed the correct approach to considering the question of causation when a claimant suffers from dementia, finding that the claimant's experts were approaching it asking the wrong question.

The parties had jointly instructed a neuroradiologist and cardiologist but the parties obtained their own evidence in the fields of neurology and psychiatry. The experts for the claimants were Dr Steven Allder (neurologist) and Professor Elliott (psychiatrist). The experts for the defendant were Dr Pamela Crawford (neurologist) and Dr Hugh Series (psychiatrist).

On 14 May 2014, the late Mr Ivory had fallen in a car park when age 82, sustaining injury to his head and face. The contemporaneous medical records recorded no loss of consciousness but there were reports that he had been 'a little dazed' at first. Mr Ivory attended hospital and was discharged home the same night. Two months later, in July 2014, Mr Ivory suffered symptoms of a seizure and attended hospital where he was diagnosed with an 'acute on chronic subdural hematoma' (SDH).

Mr Ivory had two more similar episodes, the last being in September 2014. Mr Ivory had a number of co-morbidities including cardiac problems, COPD and Type II diabetes (the latter increases the risk of dementia). Proceedings were served on 5 October 2017. By the date of the defendant's experts' examinations of Mr Ivory in 2018, he was suffering from dementia and unable to provide details of the accident or his symptoms since.

Evidence was given by family members. Mr Ivory died of unrelated causes on 25 January 2020 aged 87 and his executors took over proceedings. The family reported a step change decline in cognitive functioning after the seizure in July 2014 and brought the claim pleading that Mr Ivory's dementia had been caused by the accident. The special damages included substantial care home fees, Mr Ivory having been unable to remain at home once his dementia progressed.

Dr Allder for the...