Jonathan Bertram
Year of call
2003
Instructing Jonathan Bertram
For more information please contact our clerks by calling +44 (0)20 7242 3555.
Jonathan Bertram primarily specialises in the fields of professional (principally clinical) negligence, serious personal injury and product liability claims, though he has always maintained a common law practice and he continues to undertake various commercial and consumer law cases.
He has been instructed in several major group actions for Claimants in the product liability field including the Pinnacle Hip implant GLO which proceeded to a 4 month trial in 2017/18 (Gee v Depuy International Limited [2018] EWHC 1208 QB); various other metal-on-metal hip group actions; the SUI vaginal mesh litigation; the Oculentis lens litigation; the HPT litigation (acting pro bono for the Claimants, Wilson v Bayer Pharma AG et al [2023] EWHC 1282 QB); the Astra Zeneca Covid 19 vaccine litigation and the Covid healthcare works claims litigation.
His clinical negligence practice focuses on high value, complex claims, involving major, life changing injuries. He practices more widely across the personal injury field and he has particular expertise in chronic pain, subtle brain injury and spinal injury claims and the challenges that are made to them. He is also a keen cyclist and is frequently instructed in cycling related claims.
He undertakes professional negligence work beyond the clinical field and is particularly experienced with ‘legal’ negligence claims arising from failed litigation as well as claims made involving the work of financial professionals.
Legal Expertise
Clinical Negligence
Clinical Negligence
Jonathan has been repeatedly rated by Chambers & Partners and the Legal 500 as a leading junior in the specialist field of clinical negligence.
He has been instructed in cases concerning birth injuries, spinal injuries, brain injuries, amputations, fatal injuries, late diagnosis of cancer, liver disease, kidney disease and other similar conditions. He has litigated many cases concerning orthopaedic procedures (spinal, shoulders, knees, ankles, wrists, and hips) and negligently performed bariatric and other similar weight loss/reduction procedure claims. He has successfully settled secondary victim claims arising from negligently medical treatment.
He has successfully pursued claims advanced on the basis of systemic failures by Trusts that have then led to injuries to patients, e.g. by failing to adequately staff maternity units.
He has litigated claims against dentists, optometrists and ophthalmologists.
Notable Clinical Negligence cases
CF v B NHST (2021-ongoing)
Shoulder dystocia claim, litigated, liability denied.
AAA v A NHST (2022-2024)
Failure to properly monitor a lower limb after a knee fracture led to avoidable ischaemia rendering C with a fixed equinus deformity and functionally unable to weight bear on that limb. Complex mental health background. Settled for £1.5m.
XXX v NMUH NHST (2017-2023)
Delayed diagnosis of an SAH causing long term significant changes. Limited life expectancy, settled for £1.2 m plus £132,500 PPO.
XXX v A NHST (2021-ongoing)
Delayed diagnosis of breast cancer in young mother in her 30s, breach admitted, minimal loss of life expectancy accepted by D initially, shortly before preliminary issue trial D accepted C's Part 36 offer for loss of 30 years life expectancy.
RK v PC NHS FT (2018-ongoing)
Diabetic foot injury leading to negligent below knee amputation. Liability admitted. Litigated. Quantum being investigated but likely seven figure claim.
DL v ESNE NHS FT (2017-2022)
Orthopaedic claim leading over a number of years of poor care to an above knee amputation in a late middle aged male, life expectancy limited, claim settled for £1.2 million.
TG v Dr H (2015-2021)
Claim involving delayed diagnosis of an Addison’s crisis which led to various resultant injuries including a cardiac myopathy and a stroke. Liability denied. Settled at a RTM prior to a 10 day trial. Settlement of £700,000 approved by Mr Justice Fordham.
MI v UHNM NHST (2020)
Delayed diagnosis of cervical cancer. Early settlement of £500,000 achieved. Very grave prognosis.
VC v Mr P (2020)
Vaginal mesh and gynaecological negligence claim. Settled at RTM for £500,000
JRR v NS NHS FT (2018-2020)
Mental health case. Deceased took own life whilst under care of Trust. Acted at 5-day jury inquest. Various failures in care found. Negotiated settlement of £149,000. Approved by Master Eastman.
JS v SUH NHS FT (2018-2020)
Spinal injury claim to elderly claimant. Complex medical history with involved evidence as to life expectancy. Settled at RTM for £500,000.
NC(dcd) v NWA NHS FT (2018-2020)
Delayed diagnosis of choriocarcinoma suffered by a young mother who sadly died of her disease. Claim eventually settled for £800,000 and that settlement was approved by Master Sullivan.
JG v YTH NHS FT (2017-2019)
Delayed diagnosis of sinus thrombosis causing intracranial pressure to increase and substantial loss of vision. Claim settled at RTM for £1,750,000.
SK v Dr M (2017-2019)
3 day trial, Birmingham County Court, alleged negligent failure by GP to diagnose bowel obstruction. Judgment for the GP.
Barry v Cardiff and Vale University Local Health Board [2019] Med. L.R. 191
4 day trial, Cardiff County Court, claim involving alleged delay in performing a sigmoidoscopy and alleged negligent perforation of bowel when procedure eventually performed. Judgment for the Board. Noteworthy because trial judge considered High Court case of Crossman [2016] EWHC 2878 (QB) was wrongly decided.
AB v BWVH NHSFT (2018-2019)
Cerebral palsy claim. Settled at RTM. Capital payment of £2.9m and PPO of c. £285,000 p.a. Led by Simeon Maskrey QC.
TJ v LTH NHST (2018-2019)
Cerebral palsy claim. Settled at RTM. Capital payment of £2.6m and PPO of c.£250,000 p.a. Led by Simeon Maskrey QC.
J.K. v ESHU NHST (2016-2018)
Brain injury suffered by a 9 year old arising from delayed diagnosis of cellulitis leading to bi-lateral extra dural and sub dural abscesses. Neurocognitive impairment long term. Settled at RTM for c. £1,000,000. Led by Adam Weitzman QC.
Inquests & Inquiries
Inquests & Inquiries
Jonathan is frequently instructed in ‘difficult’ cases where the outcome of the inquest is thought to be likely to make a material difference to whether or not a claim can be successfully pursued.
His recent medical inquests include cases concerning the management of patients in A&E departments, treatment that has gone ‘wrong’ during routine procedures such as cholecystectomies, concerns over the prioritisation of resources in cases of gravely ill children, cases where GPs have declined to refer patients for treatment who have subsequently died, cases where sepsis has not been diagnosed in a timely manner and cases where frail people have been inadequately assessed prior to or during their admission to care homes or hospitals.
He has dealt with numerous Article 2 inquests, particularly those concerning mental health cases, but also more widely such as acting for a housing association in an inquest concerning the death of a tenant who fell from her balcony.
He has also been involved in inquests away from ‘medical’ topics, for example, he has acted for interested parties in fire deaths and industrial workplace related fatalities.
Notable Inquests & Inquiries cases
PS (2024-ongoing)
Acting for a housing association in an inquest concerning the murder of a resident.
MK (2023)
Article 2 - Acting for a housing association concerning a death by falling from a balcony in a block of flats.
CP (2023)
Acting for family of deceased who died after there was a failure to properly consider and treat sepsis; coronial neglect finding.
AS (2022)
Article 2 - Mental health inquest, acting for a patient who committed suicide whilst an in patient; coronial neglect finding.
JA (2022)
In this inquest into the tragic death of a “brilliant” young man, the coroner confirmed that he died from natural causes, but his death could have been avoided had his cardiac abnormalities been identified and treated. The Coroner found that there were missed opportunities to make an inpatient referral for an echocardiogram, which would have revealed the cardiac abnormality and led to successful treatment for his rare heart condition. Had these steps been taken then JA would not have suffered his serious deterioration on 8 June 2022 and he would not have passed away on 24 June at just 22 years of age. Jonathan represented JA’s family at the Inquest earlier this month, having been instructed by Mala Patel at Hugh James. Johnny was a talented history student and musician, and his tragic death and the inquest have been widely reported in the national press.
SHF (dcd) (2019)
1 day inquest into death of SHF shortly after birth. Claim subsequently settled.
AR (dcd) (2019)
1 day inquest concerning death in care home. Complicated medical causation issues. Claim subsequently settled.
KRR (dcd) (2018)
5 day jury inquest into mental health death. Substantial failings found by jury. Claim subsequently settled.
Regulatory & Professional Discipline
Regulatory & Professional Discipline
Jonathan has a growing practice within the healthcare disciplinary field. He has represented doctors before the G.M.C. and he is keen to continue to develop this aspect of his practice in the future.
Commercial
Commercial
Jonathan is instructed in a broad range of commercial disputes, including sale of goods, insurance, consumer contract disputes, guarantee claims, agency claims, claims in professional negligence, and general contractual litigation.
In recent years his professional negligence practice has increased significantly and he has been regularly instructed in cases concerning allegations over the conduct of litigation by solicitors and other legal professionals. He has also conducted cases concerning architects, surveyors and medical professionals.
Jonathan has advised in a number of disputes concerning financial products; primarily in relation to interest rate swap claims, and mortgage mis-selling claims.
Personal Injury
Personal Injury
Jonathan only takes instructions in multi-track personal injury claims. His recent practice has focussed on substantial injuries, which often have a long term or life changing impact upon the injured person. He has significant experience of dealing with chronic pain and subtle brain injury claims and is particularly adept at dealing with the interplay between different medical specialities that such claims can require.
His recent cases also involve spinal injuries, particularly cauda equina cases as well as traumatic injuries occasioned from e.g. car crashes or falls from height. He is also routinely instructed in cases involving head and brain injuries and his clinical negligence expertise assists him with dealing with and analysing the significant medical evidence that such claims can generate.
Given the nature of his caseload he encounters cases where surveillance evidence, in its various guises, is deployed and he has substantial experience of managing and addressing the same to the ultimate benefit of his clients.
Jonathan is also a keen cyclist and he is regularly instructed in potential PI claims arising from cycling collisions.
Notable Personal Injury cases
B v X Ltd et al (2023-ongoing)
Multi-party Litigation arising from a fall through a floor on a construction site causing significant bilateral ankle injuries.
D v F (2024)
Pedestrian run down and sustained fractured skull, brain injury and other minor bony injuries, complex rehabilitation and undertaken with cautiously positive outcome achieved.
SA v JS & Z Ins (2021-ongoing)
RTA multiple injuries to claimant in her 30s. Substantial bowel injury. Ultimately good recovery. Contributory negligence due to alcohol and seat belt use in issue.
PP v BCH NHS FT (2020-ongoing)
Accident at work claim leading to a cauda equina injury. Substantial financial claim flowing from the same due to the age of the claimant. Case litigated and proceeding towards trial.
JD v M Ltd (2019-2020)
Accident at work, ultimately leading to CRPS or functional disorder, complex medical causation, surveillance evidence.
K.R. v LAS NHST & another (2017-2019)
Claim involving a failure to immobilise K.R. after suffering a fall at work, which it was alleged caused or materially contributed to significant ongoing disability, leaving him wheelchair dependent. Settled at RTM for £900,000. Led at RTM by Adam Weitzman QC.
FL v SD (2016-2019)
RTA FL sustained multiple injuries including head and brain injury. Contributory negligence in issue. ‘But for’ trajectory complex. Lack of capacity. Settled at RTM for £615,000 net of contributory negligence. Approved by HHJ Gregory sitting as a High Court judge.
SH v (2018-2020)
RTA multiple injuries, main injury to shoulder leading to chronic pain and long term difficulties. Settled at RTM for £450,000.
TA v BC & MIB (2018-2020)
RTA chronic pain. Claim initially run by different legal team and treated as minor orthopaedic injury case. Case transferred and chronic pain established and settled for six figure sum.
IM v (2017-2019)
RTA chronic pain and psychological injuries arising from RTA. Complex work history. Settled at RTM for six figure sum.
MP v BH NHST (2016-2017)
TB infection at work. Proceeded to trial. Liability admitted shortly before trial due to commence and became a trial of quantum only.
Product Liability
Product Liability
Jonathan has been repeatedly ranked by Chambers and Partners and the Legal 500 as a leading junior in the specialist field of Product Liability.
He has been instructed in a number of high profile and ongoing pieces of medical product group litigation, or de-facto group litigation as well as being regularly instructed in unitary claims concerning allegedly defective medical devices such as spinal, knee and shoulder implants.
Away from medical devices he has also recently litigated personal injury claims concerning bicycles, tumble dryers, defective shower seats, and even balloons.
He is particularly interested in cases which potentially engage liability under the Consumer Protection Act 1987, as well as the associated contractual entitlements under the various sales of goods and services Acts and the Consumer Rights Act 2015.
Notable Product Liability cases
Covid healthcare works claims litigation (2024-ongoing)
Instructed by a large claimant firm bringing claims on behalf of multiple healthcare workers. Led by Hugh Preston KC.
Astra Zeneca Covid 19 Vaccine Litigation (2023-ongoing)
Instructed by the claimants and led by Hugh Preston KC.
HPT Litigation (2023)
Acted pro-bono for the Claimants in 4 day strike out application and subsequent costs hearing: Wilson v Bayer Pharma AG et al [2023] EWHC 1282 QB.
ITH Pharma claims (2022-2023)
Acted for the families of deceased babies who had died after consuming contaminated baby food.
Vaginal mesh litigation (2019-ongoing)
Coordinated litigation involving stress urinary incontinence products and pelvic organ prolapse products. Led by Hugh Preston QC.
Oculentis claims (2018-ongoing)
Instructed by a variety of firms to investigate and prosecute claims arising from the M-Plus range of lenses manufactured by Oculentis and supplied by various private optical clinics or hospitals.
Gee v Depuy International Limited [2018] EWHC 1208 QB
4 month trial in 2017/18 Junior counsel led by Hugh Preston QC and Robin Oppenheim QC with a team of juniors litigating the allegedly defective Pinnacle Ultamet metal-on-metal hip prosthesis. Only junior counsel to undertake cross examination of expert witnesses at trial.
Finsbury Adept Litigation (2015-2018)
Junior counsel led by Hugh Preston QC litigating the allegedly defective Finsbury Adept metal on metal total hip replacement and resurfacing products.
DePuy ASR International Group Litigation (2015-2018)
Junior counsel led by Hugh Preston QC litigating international product liability claims concerning the allegedly defective metal on metal ASR total hip replacement and resurfacing products.
Mitch TRH Litigation (2015-2018)
Sole counsel leading the Mitch TRH metal on metal total hip replacement claims.
Mix-match Litigation (2015-2018)
Junior counsel pursuing a variety of ‘mix-match’ claims against NHS Trusts and Private Surgeons.
Modern Slavery
Modern Slavery
Jonathan is keen to continue to use his legal skills and experience to assist those who have been trafficked or subjected to forms of modern slavery. In his early years of practice he pursued a number of unpaid wages claims in the employment tribunal on behalf of vulnerable individuals as well as being counsel in criminal cases where such issues arose. In more recent times his practice focuses on personal injury and professional negligence and he is frequently instructed in very complex cases (factually, medically or financially) involving highly vulnerable individuals, which require astute handling to achieve the best possible outcomes for his clients.
Instructing Jonathan Bertram
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