A DEVASTATED dad left to care for his disabled son after his partner committed suicide has lost out on a six-figure damages pay-out.

Eric Whitehead was awarded £118,829 last year after the High Court ruled solicitors representing his former partner, Paula McLeish, should have brought a medical negligence case against hospital chiefs before she died.

Ms McLeish launched a legal case soon after the birth of her son David in 1986, claiming doctors should have been able to detect that her baby had spina bifida. Nine years later, with legal action still pending, Ms McLeish — who suffered depression and heavy drinking — killed herself aged 33.

At a High Court hearing last year, Mr Whitehead’s barrister said it was ‘probable’ her death was caused by an inability to cope.

Mr Whitehead, of Patterdale Road, Ashton quit his welding job to look after David, who is restricted to a wheelchair.

In the meantime, Ms McLeish’s solicitors — Hibbert, Pownall and Newton, from Hyde — settled the medical negligence claim for what Mr Whitehead’s barristers say was £20,000.

Mr Whitehead claimed this was negligent and a breach of contract and launched legal action against the firm. He argued that by failing to bring the case to court before Ms McLeish died, the solicitors had caused ‘substantial losses’ to David. He was backed by the High Court, which awarded him £118,829 based on an 85 per cent probability Ms McLeish would have won her case and been awarded a large sum for pain and suffering and costs of future care.

But the solicitors challenged the ruling and the Appeal Court judges decided to overturn the award.

Lord Justice Laws, sitting with Lord Justice Rix and Lord Justice Rimer, said: "Ms McLeish’s death, and not the solicitors’ negligence, should be regarded as the real or substantial cause of the loss."

The ruling means Mr Whitehead, who looks after David on a £45-a-week carer’s allowance, will not receive a penny of the original award.

David, who is now 21, has no movement below his knee due to his disability and will have to use a wheelchair for the rest of his life.

HPN has since merged with Pluck, Andrew and Co, who declined to comment.