Who? Colum Smith, 42-year-old partner and head of litigation at south-east firm McMillan Williams.
Why is he in the news? Acts for Penny Johnson, a businesswoman claiming £54m compensation from Leeds-based plastic surgeon Le Roux Fourie, after botched treatment left her face permanently damaged.
Johnson had facial surgery in 2003 that left her with nerve damage to the eye, uncontrollable facial movement and pain. In 2007 she learned that the nerve damage would be permanent.
Johnson ran an IT company with her husband Peter. Her claim for damages relates to the business she claims she lost as a result of not being able to attend face-to-face meetings with clients, due to her lack of confidence over her appearance. If successful, the claim would be the highest amount awarded for clinical negligence following cosmetic surgery.
The surgeon has accepted negligence, but disputes that his actions caused such extensive financial loss.
Thoughts on the case: ‘Initially, Fourie denied liability, but just before the trial he accepted it. The surgery has had a devastating impact on my client and her family life. Although the highest possible figure we have claimed in damages is £54m, any victory over £10m will be pyrrhic one, as the surgeon is only insured up to £10m.’
Dealing with the media: ‘The sum claimed in this case has always been the headline. The media has been split between those who are sympathetic and those who say it was a cosmetic procedure that she volunteered for. They focused on a particular quote – ‘monster eye’ – that her son called her, which has upset her a lot. My client has also found the suggestion by some that she is greedy difficult to deal with.’
Career low: ‘One of the first times I went to court as a trainee was to cover a case that had not been prepared. The judge became so angry that he picked up the Green Book and threw it across the courtroom, hitting me on my head. I was very surprised, but he was right – the case had been appallingly prepared.’
Career high: ‘Having spent three days in the office with my team without going home, winning a finely balanced case in 2006, Warrillow v Norfolk and Norwich Hospitals NHS Trust, on behalf of a lady suffering massive problems after a bladder injury was a wonderful moment.’
Medico-Legal News Source: Law Society Gazette
