WHAT THE EXPERTS SAY
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Chambers and Partners (2014)
16 holidaymakers win over £370,000 after stay at the Tropical Garden Club Hotel, Dominican Republic in 1997 and 1998
Irwin Mitchell were successful in recovering compensation for 16 people who stayed at the Tropical Garden Club Hotel in the Dominican Republic in 1997 and 1998 after all of the holidaymakers contracted gastric illness and their holidays were ruined as a result of a breakdown in food hygiene procedures.
1 person was diagnosed as suffering a salmonella infection, and 5 holidaymakers went on to develop permanent Irritable Bowel Syndrome as a result of the infections they picked up during their holidays.
JMC Holidays Limited admitted that they were liable for the claims and settlement negotiations resulted in us recovering over £370,000 in compensation for our clients.
The highest award for the most seriously ill of our clients was £275,000 for Mr D, who went on holiday with his girlfriend to the Tropical Garden Club Hotel in July / August 1998 to celebrate their engagement. He fell ill just 2 days into the holiday, suffering from gastric symptoms including severe diarrhoea, stomach cramps, nausea and vomiting. He was seen by a local doctor, who gave him an injection and prescribed some tablets but this did not seem to help.
His symptoms continued upon return to the UK and in fact have never resolved. He has continued to suffer symptoms every day since the holiday. Over the years he has attended his GP and various consultants at hospital many times and he has had to undergo many tests and investigations. Medical experts concluded that his symptoms were likely to be permanent and confirmed that the original gastrointestinal infection had caused him to develop severe post infective Irritable Bowel Syndrome. He was also diagnosed with depression and referred for counselling. He had to have a very significant amount of time off work which resulted in great financial hardship. His symptoms also affected his social life and his relationships with friends and family.
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"I just wanted to send you a short note to thank you very much indeed to our solicitor for managing to settle this for me – it’s really very much appreciated. You did so in a very professional, helpful and efficient manner."