A judge has ruled that a lorry driver from Liverpool was fundamentally dishonest about his injuries in his attempt to claim more than £2.3 million in compensation from the NHS.
Nigel Brown’s claim for clinical negligence against Liverpool University Hospitals NHS Foundation Trust and Mersey and West Lancashire Teaching Hospitals NHS Trust was dismissed at a trial in June. His Honour Judge Richard Carter found that Brown had been fundamentally dishonest about his claim. He handed down his judgment on 26 September.
Brown, a former HGV driver, had alleged he developed fibromyalgia (FM) because of a 9-year delay in diagnosing ankylosing spondylitis (AS). He claimed £2.3 million in compensation, covering injuries, lost earnings, pension loss, care and assistance, accommodation, and other losses.
Evidence presented at trial at Liverpool County Court on 19 June revealed that Brown had provided false information about his employment history and earnings as a lorry driver. He had claimed he was unable to continue working as an HGV driver from 2008 onwards due to his physical symptoms.
However, it became apparent that he was working for periods when he had claimed he was not. Brown was also convicted for drink-driving and suspended from driving in 2008. Despite being unable to work due to this conviction, he falsely claimed compensation for lost earnings during this period.
HHJ Richard Carter found in favour of the NHS trusts on all aspects of liability, stating: “I do not find the Claimant has proved breach of duty against either [hospital Trust]. Further I do not find that he has established that the alleged breaches of duty caused his FM which forms the basis of his claim for damages.”
HHJ Carter concluded that by falsely inflating his earnings claim by more than £100,000, Nigel Brown was fundamentally dishonest in his claim. The Court also awarded the Trusts their legal costs of the action.
This case demonstrates our commitment to thoroughly investigate and challenge claims where dishonesty is suspected. While we always aim to compensate genuine claimants fairly, we will not hesitate to defend the NHS against fraudulent claims that divert resources from patient care.
Helen Vernon, Chief Executive of NHS Resolution
We welcome the court’s decision in this case. It sends a clear message about the serious consequences of attempting to defraud the NHS. We will continue to vigorously defend against all unmerited and dishonest claims while ensuring that those with genuine grievances receive appropriate compensation.
A spokesperson for Mersey and West Lancashire Teaching Hospitals NHS Trust
