Coventry Disabled Man Wins Landmark Legal Victory
20/08/2008
A severely disabled Coventry man has won a landmark High Court victory which will allow him to begin legal action against the hospital he believes is responsible for his disabilities.
27-year-old Jonathon Khairule from Tile Hill has cerebral palsy and is severely disabled. He is in a wheelchair, is unable to talk and his only means of communication is by painstakingly typing on a keyboard with his nose.
Yet, despite his physical disabilities, he has successfully mounted a challenge against Tameside General Hospital in Ashton under Lyne, who had argued that he was too late to bring a claim against them.
Mr Khairule 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. I did not know if I would be able to claim compensation, I 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. This was a complete shock to me as I had no idea of any time limit. 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."
Currently, the law governing England & Wales says that claims for personal injury must be brought within three years. For children this three year period does not run until they reach adulthood at the age of 18, meaning they have until their 21st birthday.
Lindsay Gibb, a medical negligence specialist with Irwin Mitchell in Birmingham explained: “Jonathon first contacted us in February 2004, 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 to disapply the three year rule where the Judge is satisfied it would be equitable to do so and that a fair trial can still take place.
"Having gained the necessary medical evidence and financial support for Jonathon from the legal services commission, we decided to mount a challenge on his behalf and ask the Court to use its discretion to allow his claim to proceed."
In July, the High Court officially found in Mr Khairule’s favour. Even though the Court acknowledged his claim was out of time, it used discretionary powers to allow his claim to proceed. This now paves the way for Mr Khairule to take civil action against North West Strategic Health Authority.
Mr Khairule, who was born in Tameside, moved to Coventry in 1997 to study at Hereward College of Further Education where he gained a distinction in advanced information technology. He requires 24 hour care from social services.
Commenting on the landmark legal ruling, Lindsay Gibb said: "We are so pleased that the Court saw fit to use its discretion in Jonathon’s favour. He has been through so much in his life and he is such a pleasure to work for."
Mr Khairule added: "I am delighted and relieved that the High Court has found in my favour. There’s still a long was to go, but I’m hopeful that one day I’ll get justice for what happened to me."