Depressed student Miriam Barker, paralysed in skydive, blames doctor for letting her jump
A university student left paralyzed after a skydiving accident is suing for £15 million, claiming the jump should never have been allowed.
Miriam Barker, then 21 and a history and philosophy student at the University of Southampton, joined the Skydiving Society in early 2018 for her first dive.
After exiting the plane at 3,500 feet, Ms Barker crash-landed at Dunkeswell Airport in Devon with excessive force despite her parachute deploying correctly.
The impact caused him to roll over, causing serious neck and back fractures and a “catastrophic spinal cord injury” that left him tetraplegic and now wheelchair-bound.
Ms Barker, now 29, is seeking £15 million in damages for the deep, long-term effects of the crash.
The claim was made by jump organizers Skydive Buzz Ltd and university practitioner Dr. Aneela targets Hafiz.
Ms. Barker, who has a history of depression and anxiety, consulted Dr. He claims Hafez mistakenly thought he was medically fit to skydive.
However, both the skydiving company and the doctor deny wrongdoing and are fighting the case.
Documents lodged at London’s High Court say Ms Barker was seeing a counselor and was about to start a cognitive behavioral therapy course in early 2018 when she decided to join the university’s skydiving society.
He underwent intense parachute training before the anticipated jump on April 22.
Areas covered by the instructors included “an exercise in which students jump from the chair and roll to the ground to simulate landing,” safely exiting the plane, and activating the emergency parachute.
Trained paratroopers were also trained on the need to “flare” when approaching the ground; this included pulling on the parachute’s knuckles to slow the descent.
But Ms Barker’s legal team says the chair support was inadequate for the task and instructors should have provided a ramp to “simulate the feeling of forward momentum during descent”.
Lawyers say Ms. Barker’s descent was so heavy because Skydive Buzz instructors failed to properly reassure her via radio link and warn her of the urgent need for flares in time.
As a result, he landed heavily on the ground and rolled forward.
“He fell heavily onto his knees and face, his neck trapped as his legs lifted behind him,” said his attorney, John Kimbell KC.
“He was conscious and felt excruciating pain in his neck and back. He could not move his arms or legs.”
Her lawyers say the impact of the fall was devastating for Ms Barker and caused her ongoing pain. Now Zimmer can only take a few steps under close supervision.
“Due to his injuries, he is unable to work. His ability to find paid employment and have a meaningful career is severely compromised,” his KC said.
Moreover, former student, Dr. He claims that Hafez should not have indicated that he was mentally ready to parachute, and that if he had not done so, the parachute jump probably would not have happened.
Ms. Barker had a history of depression and anxiety and was on medication, according to court documents, and had Dr. Hafez had to sign a form for skydiving organizers declaring whether he was “fit for a solo jump”.
While the GP signed it off as “no excess risk”, Ms Barker’s lawyers say her troubled past should lead to a designation of “unacceptable risk”.
His lawyers claim his mental fragility impairs his “ability to concentrate and make effective and timely decisions in a stressful situation.”
Mr Kimbell says his psychiatric condition “therefore caused or contributed to the occurrence of the accident”.
“But in the case of specific breaches of duty… Dr Hafiz would not have certified the claimant as fit to jump, but instead would have certified him in the ‘unacceptable risk’ category,” Mr Kimbell argued.
“So he wouldn’t have jumped and he wouldn’t have sustained any injuries.”
While both Skydive Buzz and Dr Hafiz deny responsibility for the accident, the company insists it provided extensive training as well as careful supervision on the day of the jump.
He advocates using chairs to simulate tumbling as “a perfectly reasonable way to teach students the techniques necessary for safe landing.”
It is also stated that the trainees were fully trained in using their radios and that an instructor gave them advice over the radio while disembarking.
“The speech instructor calmly reminded him to keep his feet and knees together to be ready to land and catch fire,” Skydive Buzz KC Tim Horlock said in court documents.
“This reminder and advice was given at a height and time sufficient to ensure a safe landing if Ms. Barker acted appropriately and calmly.
“However, contrary to training, he landed with his legs open and without flashing.”
Dr Hafiz agreed that the GP should assess the risk level as “acceptable extra risk if the educator is informed”.
But her lawyers say Ms. Barker signed the form two months before her jump and was required to disclose her patient’s entire medical history to Skydive Buzz.
In his written defense, Dr Hafez said he was justified in passing Ms Barker as fit to jump when she signed as she appeared “markedly improved” and “stable”.
Both the GP and Skydive Buzz argue about liability and say Ms Barker is at fault. Alternatively, the company claims that any blame for the accident should be placed on Dr Hafez.
The case was recently heard in court for a hearing on evidence to be presented at a full hearing on Ms Barker’s claim at a later date.
