Disabled Man Receives Compensation In Landmark Birth Injury Claim
26/01/2010
A severely disabled man from Warwickshire has been awarded £2million in compensation after succeeding in a landmark claim against the hospital that he believes are responsible for his disabilities.
Jonathon Khairule, 28, from Coventry has cerebral palsy, a condition that has confined him to a wheelchair and has left him unable to communicate without painstakingly typing on a computer keyboard with his nose.
During his birth in June 1981 at Tameside General Hospital in Ashton under Lyne, Mr Khairule suffered starvation of oxygen to the brain and it was claimed that critical delays to deliver him resulted in him developing cerebral palsy.
He approached clinical negligence solicitors at Irwin Mitchell to pursue a birth injury claim and, despite the Trust’s continual denial of liability and their argument that the claim had not been brought in time, the High Court ruled in his favour and a £2million out of court settlement was agreed.
The settlement will be used to fund Mr Khairule’s ongoing care and allow him to purchase a specially adapted home but his solicitor claim has argued that the Trust’s refusal to admit liability indicates that lessons have not been learnt.
“Jonathon first contacted us more than 18 months after his 21st birthday which meant technically he was out of time to bring a claim. However, the law does give the Court the discretion in very rare circumstances to allow a case even though it is out of time,” said Sara Burns, a medical negligence specialist with Irwin Mitchell in Birmingham.
“We examined the medical evidence and became convinced that what had happened to Jonathon couldn’t be explained away as ‘one of those things.’ We discovered that heart monitoring performed at the time of his birth showed Jonathon’s foetal heart rate was decelerating alarmingly and our expert’s view was this should have prompted midwives to take immediate action. Even after obstetricians intervened, Jonathon was not delivered promptly. A Ventouse delivery and a forceps delivery both failed and by the time he was finally delivered by caesarean section he was in a very poorly condition.
“We are so pleased to have secured this settlement for Jonathon. He has been through so much in his life and has no family support, but despite this he has been determined to battle for justice for his birth injuries.
“This financial settlement will help to improve his quality of life by purchasing a specially adapted home and also help to fund round the clock care which is so vitally important for him. Without a carer to assist him, Jonathon is effectively a prisoner in his own home so decent care support effectively provides him with a lifeline to the outside world.
“However, we remain concerned that the Trust has refused to admit liability for what happened to Jonathon and as such we cannot be certain that they have learned lessons.
“In situations where an unborn baby is showing foetal distress, as was clearly the case here, every second is precious. Had Jonathon been born even five minutes earlier, it is probable that he would not have suffered the catastrophic injuries which he now has to live with and which affect even the most basic aspects of his life, which most of us take for granted.”
Jonathon left home at just 16, moving to Coventry to study at Hereward College of Further Education where he gained a distinction in advanced information technology.
“I knew I had cerebral palsy from birth, but I had always been led to believe that it was just one of those unfortunate things which could not have been avoided,” he commented. “It wasn’t until I was in my early 20s that I started to do some investigating. At that stage I really just wanted answers.
“I contacted various legal firms but no-one wanted to touch my case because I was over 21 and they told me I was technically out of time to bring a claim for a birth injury. Irwin Mitchell was the only law firm to agree to take up my case. However, they did warn me from the outset that it could be a tough legal battle but after obtaining advice from independent medical experts they advised me there were concerns about the way my birth was handled and I was determined to get justice.”
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