A BODYBUILDER from Ross-on-Wye, who was caught red-handed after posting a video of himself playing rugby and lifting heavy weights on social media, despite claiming that a surgeon’s mistake had left him disabled - has been jailed for eight months for attempting to defraud the NHS.

In October 2022 Sean Murphy was found to have been fundamentally dishonest about his injuries in his attempt to claim compensation from Wye Valley NHS Trust.

Murphy, now aged 39, had stated in his claim which he submitted in 2021, that he had been left disabled following a failed biceps tendon repair, which he originally sustained while playing rugby in March 2017. He stated that the operation had reduced his grip strength that he was now dependent on others as he was unable to dress himself or pick up anything heavier than an empty kettle.

He stated that a part of his compensation claim against the NHS, which was in excess of £580,000, that he could no longer play rugby, return to his employment as a builder or work out in the gym.

The Wye Valley NHS Trust had admitted that surgery on March 31, 2017, was not performed to an acceptable standard, and that Murphy had suffered injury as a consequence. The trust apologised for that failure, and interim payments for Murphy’s damages and costs were paid to his solicitors at the time.

However, Murphy’s exaggeration was later identified when an individual called the NHS fraud line.

The informant stated that press articles depict Murphy playing rugby for Ross Seconds in November 2017 – eight months after his surgery – and that he had placed on social media posts and videos of himself showing that, despite his claims of being unable to play rugby, participate in weightlifting in the gym, work or engage with his family as he had before, he was in fact able to do all of them.

NHS Resolution, acting on behalf of the Wye Valley NHS Trust, then initiated legal proceedings against Murphy as part of its strategy to address and discourage inflated claims.

At the trial at the Royal Courts of Justice in October 2022, the Deputy High Court Judge Mr Healy-Pratt found the evidence obtained and disclosed of Murphy playing rugby, weightlifting and working was “… unambiguous and damning …”, and his assertions that he could not do any of those things were “… wholly false.”

The court heard that Murphy had returned to playing rugby in October 2017 and had returned to work, completing decking jobs and laying asphalt, had set up a new business, and had returned to the gym, lifting very heavy weights, bench pressing 150 kilos and participating in boxing training.

Lawyers suggested that Murphy, according to the evidence, had been back playing rugby within months of his surgery and was again training in the gym.

The barristers stated that photographs and videos posted online showed him lifting 'very heavy weights' - including bench-pressing 150 kilos - in the gym and his garden, engaging in boxing training, and back on the rugby pitch for Ross-on-Wye's second team.

The Ross Gazette reports him being mentioned him in the lineup, with one suggesting that he and the rest of the team's front row 'bullied their opposition numbers for the entire game’, in the November 3, 2017, edition.

The court also heard that two videos could be dated after the injury, one showing him lifting a heavy weight bar in a garden on July 10, 2020 and another showing him lifting and swinging a 20lbs kettlebell in a kitchen on July 31, 2020.

The Judge assessed that if the claim had been honestly presented it would have been worth no  more than 0.85 per cent of the total claim (which equates to £4,250) and concluded that the damages claim actually presented was “… fraudulent on a massive scale.” Accordingly, he dismissed the claim on grounds of fundamental dishonesty.

Mr Murphy was ordered to repay the interim payments for damages of £40,000 and legal costs of £10,000 that had been paid on behalf of the trust. The court also awarded the trust its legal costs of the action.

To date, Murphy has not complied with this order.

And now Murphy been jailed for eight months for contempt of court at the High Court in London for attempting to defraud the NHS.

In his judgment, The Honourable Mr Justice Timothy Mould found Mr Murphy guilty on all counts of contempt, concluding that he had: "…deliberately and blatantly lied …" about his ability to play rugby, and work, and regarding the weakness in his left arm.

In handing down a custodial sentence, Mr Justice Mould stated that Mr Murphy had: "… grossly exaggerated the loss suffered in a clear and deliberate attempt to interfere with justice …" stating that "… a more egregious act of selfish, self-serving deceit is hard to contemplate."

While acknowledging the impact of refusing to suspend Murphy's sentence, including on his family, Mr Justice Mould had a clear focus on the harm done, and the public interest, noting that Murphy had started his claim in 2021,"… when the NHS was in a position of peril …"as a result of the Covid-19 pandemic, and understanding that"… much time and effort has been spent by the NHS addressing your claim, which could have been better spent meeting the needs of the public."

Mr Justice Mould concluded: “I am satisfied that Murphy deliberately lied to each expert by volunteering the false impression that he had been unable to play rugby.

“The shortest period of imprisonment I am able to impose is eight months.”

Helen Vernon, chief executive of NHS Resolution, said: "This case represents a blatant attempt to defraud the NHS through deception. While NHS Resolution remains committed to providing fair compensation to legitimate claimants, we will take decisive action against those who engage in fraudulent or exaggerated claims."

Wye Valley NHS Trust managing director Jane Ives, said fraud took money away from providing services for all and added: “The NHS is for everyone and this kind of fraudulent behaviour means there is less money to spend providing the care and treatment that people need.

“This Trust will not hesitate in taking action against anyone making fraudulent claims.”