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Web address: http://personalinjury.ffw.com//news/2010/apr/man-awarded-over-epilepsy-blun.aspx

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Man awarded over epilepsy blunder

A recovery vehicle driver from Oldham has received more than £20,000 compensation after he was wrongly diagnosed as having epilepsy following a 10 ft fall from a lorry.

David Walker, 35, slipped on a patch of oil as he was loading a vehicle onto his lorry in January 2008.

He was taken to hospital following the incident and was treated for bruised ribs, injuries to his head and tissue damage.

But when he blacked out because of his fear of needles, doctors misdiagnosed him as having the more serious brain injury, epilepsy.

As a result of the misdiagnosis, Mr Walker had his driving licence revoked meaning he could no longer work for his employer, The Mansfield Group.

Mr Walker said: "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."

Knowing the diagnosis of epilepsy was not right, Mr Walker went for another brain scan and was given the all clear.

By the time he was given the all clear, the initial report had already been filed with the DVLA.

Mr Walker was put on sick pay for 26 weeks, after which The Mansfield Group refused to pay for the time he spent out of work.

It meant he had to go without pay while awaiting a decision by the DVLA over his licence, and he was not allowed to claim incapacity benefits or jobseekers allowance.