Medical Negligence Lawyers Secure Settlement For Family

The devastated family of a man who was starved of oxygen and suffered a brain injury after choking on his own vomit are speaking out after specialist lawyers at Irwin Mitchell secured a settlement from the NHS Trust.

Ross Askew, from Selly Oak, in Birmingham, began suffering with abdominal pain on New Year’s Eve 2009 and was admitted to Selly Oak Hospital the next day. After he was examined he was transferred to the Queen Elizabeth Hospital and diagnosed with severe necrotising pancreatitis.

During the 33-year-old’s admission, Ross began to vomit bile and became aspirated on his vomit and suffered acute respiratory failure and cardiac arrest. He suffered a period of hypoxia (starved of oxygen) causing brain damage and he needed 24-hour nursing care.

He died on 10 October 2011, after being admitted to hospital for a recurrent astrocytoma (brain tumour).

His family instructed specialist medical negligence lawyers at Irwin Mitchell to investigate the care he received and despite no admission of liability from University Hospital Birmingham NHS Foundation Trust; the family have now received an undisclosed settlement.

Expert Opinion

“This is a tragic case – Ross’ family have been left absolutely devastated with their concerns about the care he received at Queen Elizabeth Hospital during his admission and then having to learn to adapt to his condition after he suffered a brain injury. Ross required constant care that he was carried out by his devoted parents who moved house and had extensive adaptations carried out to the bungalow to make it suitable for their son. He sadly passed away in October 2011 and both John and Carol have been desperately trying to seek answers since then.

“We are disappointed that the Trust did not accept responsibility for Ross’ case during his admission, but we are pleased that the legal proceedings have come to a close for the family and they can start the long process of rebuilding their lives.”
Sara Burns - Partner

After Ross suffered a brain injury he received treatment at the Queen Elizabeth hospital and later transferred to Moseley hospital specialist rehabilitation unit in April 2010. He was discharged in August 2010 so that he could go home and be cared for by his family.

His mum, Carol, said: "Our family are completely heartbroken after losing Ross; he was a fantastic young man with his whole life ahead of him. We believe that the standard of care he received during his admission at Queen Elizabeth Hospital was substandard and we were shocked at the quality of care he was given.

“We are bitterly disappointed that the Trust did not accept responsibility for the failings in his treatment. After he suffered the brain injury in early 2010, he needed 24-hour care as he wasn’t able to move independently or look after himself.

“Ross had a recurring brain tumour which he had coped with for a number of years. We are devastated that he was taken away from us so suddenly and it is incredibly difficult for us to come to terms with.”