A whistleblowing surgeon has lost his High Court battle with Alder Hey Children’s Foundation Trust and resigned from his post with immediate effect.
Consultant paediatric surgeon Edwin Jesudason had claimed he was being victimised for blowing the whistle over safety concerns at the hospital in 2009.
Earlier this year the trust began a process which could have led to him being dismissed after colleagues said they could no longer work with him in January this year. Mr Jesudason had been on secondment in the USA since 2010.
He won a last minute injunction against the trust in July after arguing that the trust breached legal safeguards for whistleblowers and the process was illegal. However, yesterday his case collapsed after a four day High Court hearing in Manchester.
HSJ understands Mr Jesudason has now discontinued his case against the trust and withdrawn his allegations.
He has resigned from his position with immediate effect and has been ordered to pay £100,000 in legal costs to Alder Hey.
Mr Jesudason was being supported by the British Medical Association but it remains unclear what caused the case to collapse.
The surgeon was unavailable for comment.
Alder Hey accepted Mr Jesudason was a bona fide whistleblower in 2009, when he made protected disclosures about the surgery department, but it has always denied the current problems were related.
Kim Holt, chair of Patients First, which supports whistleblowers told HSJ: “Mr Jesudason sought some support from Patients First when as a whistleblower he came into conflict with colleagues.
“This case is of great concern to us as it sends out very worrying messages to health professionals who are raising concerns about patient care.”
Ian Lewis, medical director from Alder Hey, said: “We are satisfied that this case has been resolved and that all claims against the trust have been dropped and our costs covered.
“Alder Hey has an exceptional team of talented surgical staff treating over 6,000 children and young people each year. Our number one priority is always the quality of the care we provide to our patients.