Dramatic U-Turn Allows NHS Negligence Widower To Stay In Britain
Hospital Negligence
06/08/2008
A Filipino man whose wife died from a hospital's negligence has been allowed to stay in the UK unconditionally after initially being refused residency by the Home Office.
Arnel Cabrera (38) had been granted leave to stay in Britain since 2003 as his wife Mayra was working as a theatre nurse at Great Western Hospital in Swindon.
Mrs Cabrera died shortly after giving birth, in the same hospital in which she worked, when she was incorrectly given a powerful anaesthetic. It was following his wife's death that the Home Office curtailed Mr Cabrera's leave to remain in the UK.
A further application for leave to remain in Britain was made to the Home Office on behalf of Mr Cabrera and supported by his late wife's trade union UNISON.
However in a letter dated 8 May 2008 the Home Office denied this application.
Following a further application from Mr Cabrera solicitors Irwin Mitchell, the Home Office have today confirmed that Mr Cabrera will now be granted indefinite leave to remain in the UK. Mr Cabrera will now apply for his son to join him in the UK.
Alex Rook from Irwin Mitchell said: "This is fantastic news and my client is obviously delighted. He is financially solvent and keen to contribute greatly to a society that wanted him before his wife was killed.
"Arnel is so relieved that common sense seems to have finally prevailed and the Home Office have exercised their discretion appropriately."
Dave Prentis, General Secretary of UNISON, said: "I am delighted that the Home Office has seen sense and reversed their decision. UNISON funded Arnel’s fight to remain in the UK as we firmly believed he and his son Zac had the right to build the family life they had planned before Mayra's tragic death."
Mr Cabrera said "I am so glad that my application was finally granted and I would like to thank everyone who has supported me. I look forward to the day when Zachary and I can continue our lives here in England as we planned before Mayra's death."
Background
Mayra Cabrera died on May 11 2004 shortly after giving birth at the Great Western Hospital when a midwife mistakenly hooked up a drip to her arm of Bupivacaine, a potent anaesthetic to be administered via an epidural.
An inquest earlier this year held that Mayra was unlawfully killed by the Trust. At the time a spokeswoman of the Trust stated "this case should not have happened and I hope other hospitals will be able to learn from the bitter lessons we have learnt."