The teenage son of a man who died following a routine weight loss surgery at a private Sutton hospital said he has been “robbed” of his childhood.
Phillip Morris died from cardiac arrest at Spire St Anthony’s Hospital after undergoing gastric sleeve surgery in December 2021.
Two years ago a coroner concluded the 48-year-old actor and author probably would have survived if a carbon dioxide monitor was working correctly at the private hospital.
His family are taking multi-million-pound legal action against the hospital and say they are still yet to have their claim resolved, despite numerous attempts to settle out of court.
Phillip’s son Orson said: “The death of my dad has brought destruction to our family but we will never give up until we get justice for him.
“I was 12 when my dad died after being in the care of a Spire hospital. It was horrendous and two years ago a coroner ruled his death was avoidable.
“I am now 16, I will be graduating high school next year and exactly two years on from his inquest, Spire are still dragging my family through hell and have failed to settle our claim with them. We are devastated.
“Thanks to Spire, a big part of my childhood has been eaten up. I haven't really been able to have a normal set of teenage years, albeit there have been happy moments. The case is always in the back of my mind.
“How many more children's childhoods do they have to steal before they learn from their mistakes?”
A spokesperson for Spire said: “Due to ongoing legal proceedings, we are unable to comment on specific details.
“We apologise for the distress caused by Mr Morris’s death and can confirm that Mrs Morris’s claims are being responded to through the appropriate legal channels.”
Phillip, originally from Newport, moved to south London with his family in 2016.
He was a founding member of Wales Arts Review, a writer, university lecturer and trained actor.
His wife Dana described him as “funny, focused and determined”, she added that he was “the most intelligent man that I had ever met”.
Phillip, who was 22 stone, opted for the £12,000 gastric sleeve operation at St Anthony’s Hospital due to NHS delays caused by the pandemic.
If successful and coupled with changes to his lifestyle, Phillip was told the surgery would be life-changing.
But Phillip died in December 2021 four days after receiving the surgery.
During a five-day inquest, South London Coroner’s Court heard that two days after receiving the surgery Phillip developed abdominal pain.
It was later revealed he was suffering from "acute renal failure" and that his condition was deteriorating.
He was placed in intensive care with an emergency procedure carried out to treat the complications.
But in the final moments of Phillip’s life two pieces of equipment at his bed were either not working properly or not connected properly and were not checked before Phillip was moved there.
This caused difficulties for hospital staff attempting to resuscitate Phillip.
At the conclusion of the inquest, senior coroner Sarah Ormond-Walshe said: “On the balance of probabilities, it is likely that Mr Morris would have survived the emergency intubation procedure had a correctly attached and working EtCO2 module been in use when assessing the front of neck airway, or at the time that the airway was first fashioned.”
The coroner did not conclude that Phillip died as a result of neglect.
Orson said: “Two years ago, after the inquest into my dad’s death when the coroner gave a ruling of avoidable death, I was convinced that Spire would acknowledge their failings by settling the claim. I never dreamt we’d be here - no closer to resolution, unable to grieve.
“I urge them to settle this claim so we can finally grieve my wonderful dad. They are prolonging our nightmare.
“Every time I hear about the case or Spire’s name, it’s like re-opening up a wound. It's affected my attendance in school a lot. I'm exhausted. I have long periods of depression and sometimes I can't really see the light at the end of the tunnel.
“The legal case is on my mind every day. I wake up and the first thing I think about is ‘is there any chance that Spire have decided to settle the claim last night and the case is over?’ I always have that hope. And every day it is dashed by Spire.”
Orson described his dad as a special man and said he feels a “great sense of emptiness” without him.
“I'd say my favourite thing was coming home and opening the door, and I'd get the smell coming from the kitchen of a delicious dinner,” he said.
“I knew it was Dad. Every time I open that door I’ll hope that I hear his voice and feel that sense of warmth once again. There’s no more, ‘hi son, how was your day?’ Now it’s just silence.”
The family is represented by Middleton Law solicitors who have filed a 51-page document to the High Court taking legal action against Spire, their insurers Zurich and the medical professionals who were involved in Phillip’s care.
