Natasha Hardy Features In PI Magazine ‘PI Focus’
Our solicitors work diligently to ensure that our clients always receive the compensation and justice they deserve, but we are delighted to see that their hard work is being recognised by national and esteemed legal publications. Natasha Hardy‘s 2015 case Lomas vs London Electric Wire Company & Smiths Ltd was recently featured in PI Focus magazine.
Natasha Hardy, Industrial Disease Solicitor has been at the firm for a number of years now. Natasha specialises in: Asbestosis, COPD, HAVS/VWF, Lung Disease, Noise Induced Hearing Loss and RSI.
‘Lomas v London Electric Wire Company & Smiths Ltd (2015)‘
Here’s a breakdown of the case..
Lomas V London Electric Wire Company & Smiths Ltd (2015)
The claimant claimed damages for NIHL and tinnitus.
The claimant’s expert had initially calculated binaural NIHL over 1-2-3 and 4kHz at 11.5dB. In his oral evidence, the claimant’s expert accepted that he had not undertaken a proper calculation… and that the proper average over 1/2 and 3kHz bilaterally was 3 decibels’. The claimant’s expert went on to concede that the claimant ‘would have appreciation on of any harm or diminution of his hearing whatsoever’ caused by the 3dB loss at 1-2-33kHz.
The defense argued that the NIHL of 3dB at 1-2-3kHz was de minimis. Recorder Hincliffe QC agreed. This is entirely unsurprising on the evidence. But the recorder also found (on the basis of the unchallenged evidence of the claimant’s expert) that the tinnitus was caused by tortious exposure to noise.
There are two curious aspects to this case:
- prima facie, the difference between the 1-2-3-4kHx average and 1-2-3kHz average would appear to be consistent with a substantial loss at 4kHz. If so, it is curious that this was not pursued.
- the concession by the claimant’s expert about the effect of 3dB hearing loss at 1-2-3kHz does not accord with medical consensus.
Do you have problems hearing or know someone who finds it difficult to hear? Is the hearing loss or Tinnitus likely to be down to your place of work?
Michael Lewin Solicitors have a friendly team of highly qualified legal professionals (just like Natasha) who will help you every step of the way with your hearing loss compensation claim.
Find out more about noise induced hearing loss compensation here.