A man from Coventry who was left severely disabled after complications during his birth has been awarded £2 million in medical negligence compensation following a six-year legal battle.
Jonathon Khairule, 28, now suffers from cerebral palsy. He was accidentally starved of oxygen at birth.
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His disabilities are so serious that he is wheelchair-bound, cannot talk and his only way of communicating is by an arduous process of tapping on a keyboard with his nose.
The court heard he had been left “a prisoner in his own home”, and he required the assistance of social workers to carry out even the most basic tasks.
After a long legal wrangle, an out-of-court settlement has finally been agreed with the NHS trust which will cover his future medical and living costs.
However, the hospital where he was born has stubbornly refused to admit liability for Jonathon’s injuries.
This meant he had to fight a drawn-out battle for his right to compensation. He even had to take his case all the way to the High Court just to win the right to sue.
After the case was settled, Jonathon, said: “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.
“My lawyers warned me it could be a tough legal battle but I was determined to get justice.”
Jonathon’s investigations led to him alleging his injuries were caused by negligence on the part of midwives and doctors at Tameside General Hospital near Manchester after they failed to take urgent action when his heart rate began to drop before his birth.
However, he did not make this discovery until he was 22, over 18 months beyond the end of period during which he had the right to sue North West Strategic Health Authority.
In order to make a compensation claim, he had to go to court to fight for the right to sue, which he did in September 2008.
Sara Burns, an expert injury lawyer, said she had mixed feelings about the £2m payout.
She commented: “We are so pleased to have secured this settlement for Jonathon as it will help to improve his quality of life.
“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.
“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.
“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.”