Ralli News

Driver awarded more than £20,000 after being misdiagnosed with epilepsy
Tue 13th Apr 10 - 16:23

A RECOVERY vehicle driver has been awarded more than £20,000 in compensation after falling off his lorry which led to him being misdiagnosed with epilepsy.

David Walker, from Oldham, was loading a vehicle onto the back of his recovery lorry in January 2008, when he slipped on a patch of oil and fell 10 feet off the lorry bed to the ground.

The 35-year-old was admitted to hospital where he was treated for tissue damage, bruised ribs and injuries to the head.  As a reaction to a phobia of needles, he suffered seizures which were later misdiagnosed as epilepsy. 

After being wrongly diagnosed with epilepsy, David had his driving license revoked which meant he could not work.  His employer, The Mansfield Group, refused to pay for the time he spent out of work.

David said: "When I slipped and fell off the lorry at first I thought I'd broken my arm but I just wanted to get on with it and drove back to the depot.

"After I got back to the depot I went to the hospital and was given some morphine for the pain.  I've always had a phobia of needles and I must have blacked out when I was given the injection.

"The consultant mistook my fear of needles for epilepsy.  I knew this wasn't right and went to a neurologist for a second opinion."

David then went for a brain scan and was given the all clear.  However, the consultant's report stating David had epilepsy had already been filed.  He was put on sick pay for 26 weeks by his employer.  After this time, David went without pay as he waited for a decision from the DVLA regarding his licence, which meant he could not claim incapacity benefits or apply for jobseekers allowance. 

He said:  "It was a stressful time for me and I hoped I'd have the support from my employer.  We had to rely on my wife's income as the sole salary to support us both and our six month old baby.

"The stress and upset at losing my job could have been prevented if my employer had followed the right procedures.  No one should ever have to go through what I had to, so I wanted to stop this happening again."

Emma Hodson, from law firm Ralli, added: "Mr Walker went through a terrible ordeal and did not receive the support he deserved from his employer. 

"Ralli sued the company for damages of £21,000.  Up until then they had disputed liability.

"We are happy Mr Walker can now put the events of the case behind him."