A 28-year-old man who can only communicate by tapping out messages on a keyboard using his nose has won a £2 million payout from a Manchester health trust for injuries he believes he sustained after being deprived of oxygen at birth.

The Daily Mail reports that Jonathon Khairule – who has cerebral palsy and is confined to a wheelchair – was born at Tameside Hospital in Manchester in June 1981. He believes his disabilities were caused by delays by midwives and two ‘botched’ attempts to deliver him before he was finally delivered by Caesarean section. Mr Khairule alleges that the delays caused his brain to be starved of oxygen while he was being delivered.

Mr Khairule began to investigate the circumstances of his birth and disabilities six years ago, with any support from his family. In July 2008, a landmark ruling by the High Court granted him permission to mount a case, despite being over the legal age limit for birth injury claims, which is set at 21.

Although many firms of solicitors declined to take his case, he eventually found a firm of personal injury lawyers who helped him launch a civil action against North West Strategic Health Authority.

The health trust has refused to accept liability, but offered a £2 million out-of-court settlement. Mr Khairule said on Sunday (24/01/10):

'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.

'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.’

Expert medical opinions said that midwives in attendance at Mr Khairule’s birth had failed to act quickly when his heart rate had ‘plummeted’ while he was being delivered.

Mr Khairule’s legal representative said:

'We discovered that heart monitoring performed at the time of his birth showed Jonathon’s foetal heart rate was decelerating alarmingly – and our expert’s view was this should have prompted midwives to take immediate action.

'Even after obstetricians intervened, Jonathon was not delivered promptly. A Ventouse delivery and a forceps delivery both failed – and by the time he was finally delivered by Caesarean section, he was in a very poorly condition.

'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.'

Despite his disabilities, Mr Khairule left home at 16 and gained a distinction in advanced IT studies at Hereward College of Further Education in Coventry. He is now planning to take a degree in engineering at Coventry University. He will use his compensation to pay for the round-the-clock care he requires, as well as a specially adapted home.

Tameside Hospital NHS Foundation Trust declined to comment on the case.

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