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Bug scandal NHS boss wins damages | Bug scandal NHS boss wins damages |
(about 1 hour later) | |
Rose Gibb left her job ahead of the Healthcare Commission's report | Rose Gibb left her job ahead of the Healthcare Commission's report |
The former boss of a Kent NHS trust where 90 people died in a superbug outbreak has been awarded more than £190,000 in damages. | The former boss of a Kent NHS trust where 90 people died in a superbug outbreak has been awarded more than £190,000 in damages. |
Rose Gibb went to the Court of Appeal in a legal battle over her severance pay. | Rose Gibb went to the Court of Appeal in a legal battle over her severance pay. |
She left her job days before a report into a clostridium difficile (C. diff) outbreak at Maidstone and Tunbridge Wells NHS Trust was released. | She left her job days before a report into a clostridium difficile (C. diff) outbreak at Maidstone and Tunbridge Wells NHS Trust was released. |
Families involved in the outbreak called the payout an "outrage". | Families involved in the outbreak called the payout an "outrage". |
The trust negotiated a £250,000 pay-off, but £175,000 was withheld. | The trust negotiated a £250,000 pay-off, but £175,000 was withheld. |
Ms Gibb left her £150,000-a-year chief executive post in October 2007, days before a highly critical report highlighted problems with overcrowded and dirty wards. | Ms Gibb left her £150,000-a-year chief executive post in October 2007, days before a highly critical report highlighted problems with overcrowded and dirty wards. |
The report concluded the infection was the main cause of death for 90 patients in 2007. | The report concluded the infection was the main cause of death for 90 patients in 2007. |
'Demonised by press' | 'Demonised by press' |
Because she left by mutual agreement, Ms Gibb was in line for a £250,000 severance package, which included £174,573 compensation and £75,427 notice pay. | Because she left by mutual agreement, Ms Gibb was in line for a £250,000 severance package, which included £174,573 compensation and £75,427 notice pay. |
The Department of Health blocked the payment, although she eventually received the notice money. | The Department of Health blocked the payment, although she eventually received the notice money. |
A High Court judge ruled she was not entitled to £250,000, but gave her leave to appeal. | A High Court judge ruled she was not entitled to £250,000, but gave her leave to appeal. |
A two-day breach of contract case was heard at the Court of Appeal in March. | A two-day breach of contract case was heard at the Court of Appeal in March. |
Ms Gibb said she was "demonised" by the press and used as a scapegoat in the Healthcare Commission's report. | Ms Gibb said she was "demonised" by the press and used as a scapegoat in the Healthcare Commission's report. |
She said she only resigned because she was relying on the trust honouring its £250,000 pay-off agreement, of which she has only received about £75,000 for leave notice. | She said she only resigned because she was relying on the trust honouring its £250,000 pay-off agreement, of which she has only received about £75,000 for leave notice. |
In the Court of Appeal, Lord Justice Sedley said High Court judge Mr Justice Treacy had let himself be drawn into acting more as an auditor than a judge. | In the Court of Appeal, Lord Justice Sedley said High Court judge Mr Justice Treacy had let himself be drawn into acting more as an auditor than a judge. |
He also criticised the government's intervention. | He also criticised the government's intervention. |
"The effect of unwarranted departmental interference has thus been to trap the trust between a rock and a hard place and to expose it, in its attempt to escape, to heavy legal costs," he said. | "The effect of unwarranted departmental interference has thus been to trap the trust between a rock and a hard place and to expose it, in its attempt to escape, to heavy legal costs," he said. |
He said central government might have done better to recognise the trust was "making the best of a bad job" - a bad job which was the decision to sacrifice a senior official who had done nothing wrong. | He said central government might have done better to recognise the trust was "making the best of a bad job" - a bad job which was the decision to sacrifice a senior official who had done nothing wrong. |
Ending his ruling, he said: "Perhaps those responsible will now reflect that, since such blame as the report allocated was subsequently accepted by the trust's board - all of whom resigned following publication of the report - there had been no good reason to dismiss the CEO." | Ending his ruling, he said: "Perhaps those responsible will now reflect that, since such blame as the report allocated was subsequently accepted by the trust's board - all of whom resigned following publication of the report - there had been no good reason to dismiss the CEO." |
Lord Justice Sedley continued: "All this money, both compensation and costs, could have been spent on improving hygiene and patient care in the trust's hospitals." | Lord Justice Sedley continued: "All this money, both compensation and costs, could have been spent on improving hygiene and patient care in the trust's hospitals." |
Former Bucks Fizz singer Cheryl Baker, whose mother-in-law Doreen Ford died at Maidstone Hospital in 2008 after contracting C. diff, said the compensation award was an "outrage". | Former Bucks Fizz singer Cheryl Baker, whose mother-in-law Doreen Ford died at Maidstone Hospital in 2008 after contracting C. diff, said the compensation award was an "outrage". |
She said the former Kent NHS boss should hand the money to families who had lost loved ones. | She said the former Kent NHS boss should hand the money to families who had lost loved ones. |
Ms Baker also said she would be happy to join other families in contesting the decision. | Ms Baker also said she would be happy to join other families in contesting the decision. |
The Healthcare Commission found countless examples of dirt | |
She said: "I'm disgusted at the legal system that she should be allowed that money. She should be put in prison for what she did because she was indirectly responsible for those deaths. | She said: "I'm disgusted at the legal system that she should be allowed that money. She should be put in prison for what she did because she was indirectly responsible for those deaths. |
"It was because of her that the cleaning wasn't done properly. I think it's absolutely disgusting. | "It was because of her that the cleaning wasn't done properly. I think it's absolutely disgusting. |
"If she had any common sense, she would hand that money over to those who lost loved ones." | "If she had any common sense, she would hand that money over to those who lost loved ones." |
Ms Baker added: "It's like rubbing our noses in it." | Ms Baker added: "It's like rubbing our noses in it." |
The union which backed Ms Gibb, Managers in Partnership (MiP), said there had been "no winners" and neither the union or Ms Gibb were celebrating. | |
MiP chief executive Jon Restell said: "This case should never have come to court. It only did so because the NHS handled things so incompetently." | |
He said the court had found ministers and officials in the last government were "more concerned with spin". | |
He added Ms Gibb never shunned her responsibilities and left the trust against her wishes - when she would have remained in post to answer public concerns personally. | |
The NHS had acted in a way that failed to address concerns of the public and distressed relatives, he said. | |
Mr Restell called on the new government to ensure similar cases are avoided in the future. |