Lorry driver 'dishonest' in £2.3m NHS claim

Nigel Brown was described as "fundamentally dishonest" in his claim against the NHS

A lorry driver was "fundamentally dishonest" when he brought a £2.3million claim against the NHS, a court ruled.

Nigel Brown said a nine-year delay in diagnosing the inflammatory spinal condition ankylosing spondylitis (AS) amounted to clinical negligence by doctors in Liverpool and Southport.

However NHS investigators defending the claim discovered that for some of the time he claimed for lost earnings he was working for a haulage firm.

They also found that in one of the years he claimed he was unfit for work, he was banned from the roads due to a drink-driving conviction in October 2008.

'Not true'

Lawyers for the NHS calculated that Mr Brown had falsely inflated his the value of his claim by more than £100,000.

When Mr Brown was confronted with evidence of his dishonesty in court, he claimed his ex-partner had made mistakes in helping him prepare for the case and that he had "memory problems".

Judge Richard Carter, however, concluded that Mr Brown had deliberately mislead the court in his claim.

"The obvious conclusion is that he knew he had not been able to work as an HGV driver for the 12 months from October 2008 and that his claim was not true", he wrote.

'Thoroughly investigate'

Mr Brown's lawyers had argued that doctors breached their duty of care by failing to spot his AD, and that untreated it led to the development of the neurological pain condition fibromyalgia.

He brought the case against both Liverpool University Hospitals NHS Foundation Trust and Mersey and West Lancashire Teaching Hospitals NHS Trust, who had treated him for long-term back pain.

However judge Richard Carter concluded he had failed to prove any breaches of duty or that the AS caused his fibromyalgia.

The court ruled Mr Brown would be liable to pay the NHS's legal fees.

Helen Vernon, chief executive of NHS Resolution, the body that deals with legal claims, said: "This case demonstrates our commitment to thoroughly investigate and challenge claims where dishonesty is suspected."