There could be thousands of other cases like Colin's

Colin Mercer, 53, suffers from a severe condition of Guillain-Barr� syndrome, which attacks the nerve system.

What appeared to be a routine case of diarrhoea quickly worsened and within hours, he could not move.

His brother John, 55, told BBC News Online: "He was walking around in the morning and then paralysed by the night."

Soon he'll have nothing left and this money could have been spent on a house or a car John Mercer

Colin, a decorator from Liverpool, spent seven months in intensive care and rehabilitation in hospital, before being moved to a nursing home.

He requires 24-hour care and cannot even feed himself because he is completely immobile, apart from some shoulder and head movements.

John added: "His speech is OK and his brain is fine but his body is destroyed."

When Colin was moved to the home, his care was placed under the responsibility of social services and the family was told he was only liable to claim back costs after his own saving were down to a certain level.

Depression

The care costs �2,500 a month and so far Colin has spent about �40,000 of his savings.

If he lives 10 more years, the total cost will be more than �300,000.

His brother said: "This is wrong. Because of his condition, Colin is receiving the same care he received under the NHS.

"His condition is worse than others who have now won their money back.

"He gets very despondent about it because he's very worried about his money going down.

Colin cannot even lift a spoon to his mouth Derek Cole Colin Mercer's lawyer

"Soon he'll have nothing left and this money could have been spent on a house or a car."

Colin's compensation claim is due to be heard under new health complaint procedures.

John added: "It's been very arduous, but they won't budge an inch."

The law was upheld at an Appeal Court ruling in 1999 in favour of tetraplegic Pam Coughlan.

Lord Woolf ruled the NHS was responsible for care if an elderly person has a medical condition.

Liverpool player Markus Babbel suffered a milder form of the same illness

The ombudsman report said this was not being applied.

Colin's lawyer, Derek Cole, hopes the report brings a refund a step closer.

He told BBC News Online: "Colin is much more seriously disabled than Pam Coughlan, who originally won her case.

"She recently wrote me a letter, but Colin cannot even lift a spoon to his mouth."

He should never have been referred to social services for means testing, Mr Cole added.