More on KentOnline
Home Canterbury News Article
A dad who was shot down by police as he stabbed his own daughter has lost his bid to sue the NHS for £1 million.
Marc Traylor used two knives to attack and seriously injure his 16-year-old child, Kitanna, after taking her hostage at their home in Hersden, near Canterbury, in February 2015.
The assailant had experienced psychotic delusions prior to knifing the teen, who was left with life-threatening wounds, including a torn bowel and lacerations to her liver, colon and spleen.
But last month, Traylor, now 47, brought a case against the Kent and Medway Social Care Partnership Trust to the High Court, accusing medics of failing to properly monitor him prior to the incident.
His lawyers told the hearing that the vicious assault would have been avoided had he stayed on slow-release “depot injections”, rather than switching to self-administered oral tablets for his medication a year before the incident.
However in a judgment published yesterday, Mr Justice Johnson concluded the trust had not behaved negligently.
He explained: "It took reasonable steps to avoid the risk Traylor would suffer a relapse of his psychotic illness.
"His doctor sought to persuade him to remain on depot injections and, failing that, to remain on his oral medication.
"Traylor and his wife, Nicole, were told about the early signs and symptoms of relapse so that they could seek medical help.
"Regular monitoring was carried out to ensure he was not relapsing and that he was taking his medication.
"This did not pick up that Traylor had stopped taking his medication, in part because he lied to Nicole and to the mental health care team staff."
Mr Justice Johnson had been told how, after taking Kitanna hostage, Traylor smiled at her in a “devilish and chilling” manner, before “flying across the room in a blur and stabbing her”.
The gunshot wounds that ended the knife attack left Traylor with brain injuries affecting his mobility and ability to eat, drink or dress independently.
He was later tried for attempted murder in November 2016 at Canterbury Crown Court, but found not guilty by reason of insanity.
He had been diagnosed as a paranoid schizophrenic, with delusions that he was being poisoned and that people were trying to kill him.
The NHS' QC, Edward Bishop, argued it would be wrong for Traylor to receive a cash payout for his own act of violence.
“Mr Traylor contends that if properly assessed and advised, he would have remained on depot medication and he would not have relapsed and the incident would not have occurred,” explained Mr Bishop.
“Alternatively, he alleges that if properly monitored and supervised after discharge of the community treatment order, steps would or should have been taken to assess the family and the events of February 2, 2015, would not have occurred."
Mr Bishop pointed to evidence showing the knifeman “did not take a single tablet after his final depot injection on June 5, 2014”.
Miss Traylor, now 22, also attempted to sue the NHS for breaches of the Human Rights Act, alleging healthcare staff failed to act to ward off the “real and immediate risk to life” posed by her father.
The two claims were said to be worth more than £1m.
Traylor had been sectioned and treated in hospital between December 2012 and June 2013.
He and his daughter accepted he could not have been forced to take more medication, but they claimed he should have been “strongly advised to stay" on the injections.
Traylor was also discharged from “secondary mental health care” in December 2014 and from community mental health care just two days before the horrific attack.
Given his troubled background, lawyers for both claimants say the NHS failed to properly monitor Mr Traylor and assess the growing risk he posed, leading to the final “shocking and terrifying incident”.
However, Mr Justice Johnson concluded: "The trust is not liable in negligence to Traylor.
"It is also not liable to Kitanna Traylor under the Human Rights Act."