Parents hoping for a miracle

Court setback: Trish and Kevin Proudlove with Warrick. Picture: Nic Ellis/The West Australian

Like any loving parents, Trish and Kevin Proudlove have always wanted the best for their son.

Even in their darkest moments, like the one so devastatingly delivered in the District Court yesterday, nothing could sway them in that pursuit.

"The doctors say it will take a miracle for Warrick to recover, but who's to say it's not our turn for a miracle," Mrs Proud-love said.

The couple once wanted Warrick to succeed in his football career and finish his apprenticeship, but these days all they hope for is that he will be taken care of when they are gone.

It was for that reason they say they were left "shattered" by yesterday's decision by a judge to dismiss their claim for damages on behalf of their 22-year-old son.

Warrick received catastrophic head injuries that left him in need of 24-hour care when the car he was a passenger in hit a horse near Mt Barker in July 2011.

Mounting costs and growing uncertainty around Warrick's future left his family with no choice but to pursue legal action against the car's driver, Harley Burridge.

Under WA's third-party insurance scheme, the couple had to prove Warrick's injuries were caused by negligent driving to get compensation.

Judge Richard Keen described it as a difficult and tragic case but said it appeared the crash was unavoidable.

The Proudloves left their home in Albany after the accident and moved to Perth so they could provide Warrick with rehabilitation.

Over the past three years they have received invaluable support from the Proudies Foundation, which was set up to help them with Warrick's medical costs.

But news of the legal action divided residents in their hometown, with some people labelling the couple "big bad wolves" for suing Mr Burridge.

Soon after they first appeared in court, Mr Proudlove got a call from someone involved in the foundation telling him the case was doing them damage.

Mr Proudlove said most people did not understand he and his wife did not set out to discredit Mr Burridge and had to work within the system.

"We are just looking after our son and we were pushed in the corner to do that," he said. "I wasn't asking for the big payout. We just want him to be looked after to give him a chance at life."

Doctors warned Mr and Mrs Proudlove their son's chances of improvement were slim from the start but they refused to give up hope. His parents have seen small improvements over the past few years and want to do everything possible to help him regain control of his body.

The couple are now worried they will have to give up most of Warrick's rehabilitation because they cannot afford it.

Mrs Proudlove said WA needed to fall into line with the rest of the nation as far as no-fault catastro- phic injury cover was concerned.

"It could happen to anyone in a split second," she said.

"This is just so wrong. This is not Warrick, this is Warrick's shell. He doesn't cry, he doesn't smile, he doesn't laugh."

National Disability Services WA said the case was a "tragic example" of the system's injustice.