A mum whose brain-damaged 12-year-old son’s EUR 1 million negligence compensation from a hospital was withdrawn by judges had launched a new bid to get it back.
Julia Jannaschk, 39, was awarded the payout when judges ruled that a hospital had been negligent when a nurse gave her then 14-month-old son an antibiotics jab.
Baby Tyler choked on a slice of apple he had been chewing and suffered irreversible brain damage leaving him paralysed.
Julia was awarded a massive compensation package, worth GBP 869,523, after a court heard how Tyler was left severely brain-damaged from the lack of oxygen.
But two years ago Frankfurt’s Higher Regional Court revoked the payout leaving Tyler and his hairdresser mum with nothing.
Now Julia, from the town of Limburg, Germany, has launched a GoFundMe appeal to raise EUR 50,000 (GBP 43,476) to pay legal fees for an appeal at the Federal Court of Justice.
The desperate mum has just days to raise the cash before her chance to appeal runs out on 2nd December.
Julia told local media how baby Tyler had been suffering from bronchitis when he was jabbed by a nurse while he was eating.
Frightened Taylor then choked on a piece of apple and fought desperately for breath.
Julia told German newspaper Bild: “The nurse made serious mistakes and caused the brain damage.
“She didn’t want to wait until he had finished eating, but instead wanted to inject him with antibiotics. Now! Immediately!”
The boy was quickly transferred to a bigger hospital in Wiesbaden where his condition was stabilised but suffered massive brain damage from the lack of oxygen.
Tyler was left paralysed and completely dependent on adult care.
Julia sued the nurse and the hospital for negligence and received a compensation package to help care for her son’s disabilities.
She explained at the time: “Tyler’s future is secured in one fell swoop with the verdict, that’s the most important thing for me.
“His care and livelihood will be taken care of for the rest of his life, without having to get naked in front of the social welfare office and health insurance companies.
“A heavy burden has been lifted from my heart.”
But an appeal court withdrew the cash when judges ruled that the nurse had acted professionally.
Julia said: “I had expected that the sum might be lowered, but this verdict literally leaves me speechless.
“I’m also stunned that the verdict is based only on experts who, unlike the two of us women, weren’t there.”
She is now hoping to appeal the court’s decision at the Federal Court of Justice in the city of Karlsruhe.
Her lawyer, Dr Boris Meinecke, 62, said: “We want to have the judgment overturned with a non-admission complaint, some things in the process were not sufficiently appreciated or were ignored.
“And, If we don’t win, sooner or later the boy will end up in a home. No family can manage this in the long term without the necessary financial support.”
Julia added: “Tyler will never have a girlfriend, no wife, no family with children of his own, no job, no hobbies, no European football championships.
“The people who look after him will be his whole life, be his only contact.”
Julia has until 2nd December before she runs out of time for an appeal.
She has so far raised just EUR 655 (GBP 569) from the EUR 50,000 (GBP 43,476) goal.
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Story By: Georgina Jedikovska, Sub-Editor: Georgina Jedikovska, Agency: Newsflash
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