Little Mihdi Brock has beaten the odds to survive a severe spinal deformity and today he celebrates a sixth birthday that doctors thought he would never see.

As the child's medical bills continue to soar, his father Marvin has started to sue Colonial Insurance for the company's refusal to pay out for his treatment.

Mr. Brock has issued a writ against the company for the treatment, which has cost hundreds of thousands of dollars.

His lawyer Paul Woolgar said the company was refusing to pay because Mr. Brock did not register Mihdi within 30 days of his birth, even though Colonial knew about the child.

"The writ concerns Colonial Insurance's refusal to cover any of Mihdi Brock's treatment throughout the last five years since his birth," said Mr. Woolgar yesterday.

"We are bringing the matter on the grounds that although Mr. Brock had not filled out an enrolment form within 30 days of Mihdi's birth, they (Colonial) knew about the existence of the child.

"That is Mr. Brock's position. I'm sure Colonial will have a different one."

Colonial did not respond to a call from The Royal Gazette for comment yesterday.

As Islanders enjoy Bermuda Day, Mihdi and his family will be celebrating his sixth birthday in California where the family now lives.

"After five gruelling years of effort to stay alive - of being hauled all over the place from city to city, from treatment to treatment; of having to take all manner of horrible tasting concoctions; of being stuck with needles daily; of learning to stand still in one spot to strengthen his body; of learning to sleep on a very hard piece of wood to help straighten his body; of wearing a torso brace, of learning to cope with almost innumerable restrictive situations for a young child - Mihdi turns six years old," said Mr. Brock

"Amazing! There is much to rejoice about this year as there has been over Mihdi's incredible progress in years past.

"During the last two months, the progress has been phenomenal. He is now completely potty trained; he drinks his herbs from a cup now even without any honey; he can ride his bike; he runs full-tilt up the centre of the stairs without any support.

"Overall, he is just doing it - he is doing his treatments daily, he is drinking his herbs daily, he is lying on a hard board bed, flat on his back, all night, every night, and usually without any prompting to stay that way now.

"In the Fall, he will reach another milestone as he enters the first grade - and this for a young boy that it was unknown if he would even be able to talk.

"His speech has improved so dramatically that even strangers can enjoy a conversation with him today."

Mr. Brock said Mihdi's recent treatment from a Dr. Baolin Wu had reduced the curvature of the upper part of his spine from 60 degrees to 49 degrees. The forward bending curve has gone down from 70 to 58 degrees.

"So much thanks is extended to the community of Bermuda for helping to keep Mihdi alive to this point, and for continuing to help him progress as he moves down the road that it is hard to express. Thank you," he said.

*Anyone wishing to make a contribution or sponsorship to The Mihdi Joon Fund (Bermuda Registered Charity #547) can do so at The Bank of Bermuda, Account #70123372 OR at The Bank of N.T. Butterfield & Son Limited, Account #20-006-060-777995-100. The Mihdi Joon Fund can be reached at P. O. Box HM 1987, Hamilton HM HX.