Gerard Boyle KC

• Various High Value Claims
  Gerry is retained in a number of high value claims acting on behalf of the NHS and Welsh Health and regularly participates in early negotiation meetings, round table discussions and settlement mediations.
• DD v EE  [2020]
  Gerry Acted on behalf of a London Teaching hospital in a civil action concerning allegations of inappropriate treatment of a very young child leading to severe and permanent brain injury following heart surgery.
• FF v GG [2020]
  Gerry acted on behalf a number of GPs on instruction from a number of medical defence organisations arising out of a delayed referral to psychiatric services for a firefighter who took his own life.
• XX v YY [2018]
  Gerry advised an international private healthcare provider on the quantum of a multi-million pound clinical negligence claim where the claims included vast sums for the lifelong provision of bilateral lower limb prosthetics and altered accommodation. Gerry settled a robust counter schedule and secured a significantly reduced outcome at joint settlement meeting.
• AA v BB  [2018]
  Gerry was led by Adrian Hopkins QC in claim successfully compromised part way through trial on behalf of a minor and her mother against a private medical practitioner. The allegations (breach of duty and failure to obtain consent on a Montgomery basis) concerned failure to advise as to the risks of neurodevelopmental delay associated with the ongoing prescription of Epilim and the damage caused to the child by Fetal Valproate Syndrome.
• Al & CL v an NHS Trust [2018]
  Having appeared on behalf of the Trust at the high profile Inquest into the death of Olaseni Lewis, Gerry advised the Trust on the quantum of the civil claims advanced by his estate and dependents which raised novel claims for just satisfaction damages under Article 2, 3 and 8 and misfeasance in public office. The claim was successfully resolved following mediation.
• JH v AA [2018]
  Gerry is currently retained by the Royal College of Nursing (instructed by Berrymans Lace Mawer) to defend a claim brought by the family of JH in which it is alleged she suffered from a delay in diagnosis of pneumococcal meningoencephalitis, secondary to infection of her paranasal sinuses, leading to profound long term disability.
• JG v JB [2017]
  Liability having been admitted Gerry acted on behalf of a private Consultant Orthopaedic Surgeon in the assessment of quantum in this multi-million pound above knee amputation claim. Gerry went on to secure a much reduced overall valuation at round table negotiations.
• ED v a GP Practice & NHS Trust [Northern Ireland 2017]
  Gerry acted on behalf of a number of GPs who were sued, along with an NHS Trust, for the negligent failure to properly treat ongoing gastric ulcers when the underlying cause was a long term addiction to non-steroidal anti-inflammatories. The case involved difficult issues of contributory negligence and novus actus and was compromised at trial.
• Jaciubek v Gulati [2016] EWHC 269:
  Gerry successfully defended a GP accused of a negligent failure to diagnose a Sub-arachnoid Haemorrhage. He co-defended with a hospital trust. The case was described by the Judge as a “very difficult” case in his judgment. Gerry was commended by the Judge in his judgment for his cross-examination.
• Badrudin v Kingston Hospital
  Gerry was led by Adrian Hopkins QC in this high value Cerebral Palsy case which, through tough negotiation at RTMs resulted in a high value recovery.
• Frisby v Turner [2015]
  Successfully negotiated a significant reduction in the quantum of this claim valued at over £7,000,000. The Claimant had suffered catastrophic neurological injury and amputation.
• Christodoulou v Various GPs [2015]
  Instructed by Leigh Day on behalf of the estate of the deceased in this highly unusual and complex claim where the deceased suffered fatal lung damage from delayed diagnosis of a respiratory condition known as “bird fancier’s lung”.
• Phillips v Coles [2015]
  Defended a GP in a High Court trial where it was alleged that the GP had failed to refer a patient to hospital following complaint of radiating chest pain.
• McFetridge v Fisher Engineering & Others [2015]
  Successfully applied for a split trial in High Court proceedings in Northern Ireland in a complex  high value employer’s liability / professional negligence claim. Split trial orders are rarely made in Northern Ireland.
• Johnston v A Private Healthcare Provider [2014]
  Instructed to act on behalf of a private healthcare provider, against two leading QCs,  in a high value claim arising out of bariatric surgery resulting in significant and permanent injures of the utmost severity. At and following an RTM Gerry successfully negotiated discontinuance with no order for costs against his client.
• XX v YY [2014] EWHC 1308 QB
  In this liability only trial Gerry appeared on behalf of the Defendant organisation which was responsible for the provision of the out of hours triage service. The Claimant suffered a delayed diagnosis of meningitis and suffered bilateral amputations.
• Scott v Guys’ & Thomas’ NHS Trust & Another [2014] – High Court Northern Ireland
  After the case was opened by the QC  for the Claimant in this cosmetic surgery claim, Gerry successfully persuaded him  to discontinue the action, judgment entered for the Defendant, with a substantial contribution towards the NHSLA’s costs.
• Ecclestone v Medway NHS Foundation Trust [2013] EWHC 790 QB
  Successfully defended the Trust against allegations of incompetent knee surgery. The surgeon’s technique was challenged on the basis that it was “Bolitho” illogical. Following successful cross examination of the Claimant’s experts, the Judge dismissed the claim.
• X v Enskat [2009] EWHC 1630 (QB Mrs Justice Cox)
  Gerry successfully defended a GP in a delayed diagnosis of testicular cancer case. The Claimant’s evidence had to be taken by way of video deposition at his home and was deceased by the time of trial.

Crime

• R v Dr R, Newcastle Crown Court [2014]
  Successfully defended a former GP (previously struck off by the GMC) accused of sexually assaulting 4 former female patients during consultations. Gerry’s client was acquitted of all 11 counts on the indictment.
• R v  Dr H, Teeseide Crown Court [2015]
  Successfully defended a young junior doctor accused of sexually assaulting a female patient during examinations on a hospital ward . The Jury acquitted on all counts.
• R v Dr H, Wolverhampton Crown Court [2018]
  Successfully defended a trainee General Practitioner accused of sexually assaulting 5 female patients during patient consultations. Gerry secured the acquittal of the doctor on all counts.