Warwickshire Man Receives £2million Compensation For Birth Injuries

26 Jan 2010

A Warwickshire man with severe disabilities has received £2million in compensation after a landmark High Court victory allowed him to take action against the hospital he believed was responsible for his disabilities.

Jonathan Khairule from Coventry is 28, has cerebral palsy and is severely disabled. He is in a wheelchair and his only means of communication is typing on a keyboard with his nose.

Despite his physical difficulties, Jonathan’s determination to access justice saw him mount a legal challenge against Tameside General Hospital in Ashton under Lyne. The hospital argued that Jonathan was too late to bring a claim against them, but despite the Trust’s refusal to accept liability Irwin Mitchell Solicitors has secured £2million for him in an out of court compensation settlement.

Sara Burns, the lawyer who represented Jonathan, fears that the Trust’s refusal to admit liability means lessons may not have been learned.

During Jonathan’s birth he suffered starvation of oxygen to the brain and it is claimed that critical delays in delivery led to his cerebral palsy.

Jonathan explained: “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.  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.”

In July 2008, the High Court granted Jonathan permission to make a compensation claim in relation to his birth injuries, despite technically being out of time. Irwin Mitchell launched a civil action on his behalf against North West Strategic Health Authority.

In December 2009 the case was due to go to trial at the High Court in Birmingham but the trust made a last minute offer of £2million in an out of court settlement, which Jonathan accepted.

Commenting on the settlement, Sara Burns said: “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.”

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