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Geelong mum Sheridan Digby blames stroke on masseuse Philip Warne

A Geelong masseuse is fighting a claim his massage contributed to a mother-of-four having a stroke, after legal action was launched against him and the clinic where he works.

Sheridan Digby has launched legal action in the Supreme Court against masseuse Philip Warne and the company behind Corio Bay Health Group.
Sheridan Digby has launched legal action in the Supreme Court against masseuse Philip Warne and the company behind Corio Bay Health Group.

A Geelong masseuse is fighting a claim his massage contributed to a mother-of-four having a stroke, after legal action was launched against him.

Sheridan Digby has lodged a suit in the Supreme Court against remedial massage therapist Philip Warne and the medical clinic he operates out of, Corio Bay Health Group.

According to Ms Digby’s statement of claim she arranged an appointment with Mr Warne in December 2019 following a referral by her GP, because she suffered from discomfort in her neck and headaches.

During the massage, which took place on December 6, Mr Warne is alleged to have told Ms Digby he intended to perform a deep and forceful massage, to “really piss the muscles off”.

Ms Digby alleges Mr Warne told her the massage may bring on a migraine, which would be a “normal reaction”, however he allegedly did not otherwise advise her of any risks.

Remedial massage therapist Philip Warne.
Remedial massage therapist Philip Warne.

Mr Warne is also accused of not making a record of his assessment of Ms Digby’s condition, nor the treatment he provided or the outcome of it.

The next day, Ms Digby found her vision blurring and she lost some perception on the left side, court documents state.

The 41-year-old went to her GP that day, where she reported dizziness and vertigo, along with blurred vision, and was told to go to Geelong hospital, where she had a CAT scan and later an MRI, according to court documents.

She was diagnosed with having had a stroke and multiple vertebral artery dissections – tears in the artery wall – in her neck.

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Ms Digby’s suit alleges Mr Warne’s massage “caused or contributed to” the artery dissections and stroke, which have in turn lead to her pain, suffering and a financial toll.

Ms Digby alleges Mr Warne failed in his duty of care towards her during the massage.

Ms Digby “has incurred and will continue to incur” significant medical costs stemming from the stroke.

She lost the ability to provide for her four children, who all depend on her, and has been left unable to work, according to the court documents.

In separate defences filed with the court, both Mr Warne and Corio Bay Health Group denied liability for Ms Digby’s stroke.

In his defence, Mr Warne denied many of Ms Digby’s allegations, including the claim he told her she may suffer a migraine.

Mr Warne acknowledged Ms Digby was referred to him, adding that Ms Digby reported other symptoms on top of those in her statement of claim, including a “wry neck” which limited her movement and had begun about three weeks earlier.

Mr Warne alleges he was told by Ms Digby that she suffered three migraines a year, had been suffering “headaches for two weeks” and had recently attended hospital with a migraine prior to the massage.

Many of Ms Digby’s claims were described by Mr Warne as “too vague and not defined” and were “embarrassing” in the legal sense, meaning the opposing party could not respond to them as what was being argued was not clear.

Mr Warne contends that during the massage he used recognised reasonable care and applied appropriate pressure,

He argues that Ms Digby is not entitled to claim damages for non-economic loss from him.

In the clinic’s defence, it argued it is also not liable for damages.

It denied Mr Warne was an employee, instead arguing he was a sub-tenant and operated a business “as an individual or sole trader”.

In a statement provided to the Addy, Mr Warne said he was disappointed in the claim being brought against him and denied “the allegations outright”.

“I feel for the person making the claim and wish her well, but I will be vigorously defending myself in relation to this claim,” Mr Warne said.

Mr Warne said had been a professional remedial massage therapist for 35 years and had an excellent long-term record, receiving “ongoing referrals” from GPs and even lecturing in the field.

The matter is set for trial in August 2025.

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Originally published as Geelong mum Sheridan Digby blames stroke on masseuse Philip Warne

Original URL: https://www.couriermail.com.au/news/geelong/geelong-mum-sheridan-digby-blames-stroke-on-masseuse-philip-warne/news-story/4441df329ee61bf8bad3de4683ef7e42