Family fury as report rules NHS will not be charged over 90 superbug deaths at hospital

13 April 2012

Outraged families yesterday condemned the decision to bring no criminal charges in Britain’s deadliest superbug outbreak.



A damning official report found a string of failures which led to the deaths of at least 90 patients from Clostridium difficile at Maidstone and Tunbridge Wells NHS Trust in Kent.

Dirty wards, poor staffing, and too much focus on debts and Government targets contributed to two serious outbreaks of C. diff between 2004 and 2006, according to the Healthcare Commission.

Outraged: Cheryl Baker's mother-in-law Doreen Ford died from the superbug in what the TV presenter has called a 'legalised killing'

Outraged: Cheryl Baker's mother-in-law Doreen Ford died from the superbug in what the TV presenter has called a 'legalised killing'

But a review by Kent Police and the Health and Safety Executive concluded that no ‘grossly negligent act’ had occurred.

Assistant chief constable Allyn Thomas said: ‘Whilst the report makes grim and at times distressing reading, our review has not identified any information that would indicate a need or duty to conduct a criminal investigation at this time.’

Former Bucks Fizz singer Cheryl Baker and her husband Steve Stroud, whose stepmother Doreen Ford died at Maidstone Hospital at the age of 77 after contracting C. diff, said they were appalled that no charges had been brought.

Mr Stroud said: ‘Someone has got to be held to account over all these deaths and if it is not the hospital trust, who can it be?’

Cheryl Baker said the hospital had been involved in ‘legalised killing’.

She said: ‘Those patients didn’t die by chance, they died because they contracted C. diff at the trust because of poor

hygiene and care.’ Before the scale of deaths emerged, the trust’s former chief executive Rose Gibb left her £150,000-ayear job ‘by mutual consent’.

No charges will be brought in relation to the deaths of 90 people who died following outbreaks of a superbug in three hospitals including Maidstone

No charges will be brought in relation to the deaths of 90 people who died following outbreaks of a superbug in three hospitals including Maidstone

Geoff Martin of campaign group Health Emergency said: 'This sends out completely the wrong signal. It suggests that despite more catastrophes in the NHS. individuals and organisations will not be called to account.

'It is a real kick in the teeth for the friends and relatives of those who died in this tragedy.'

Before the scale of deaths emerged, the trust's former chief executive Rose Gibb left her £150,000 job 'by mutual consent'.

The storm of criticism over her role in handling the outbreaks led to Health Secretary Alan Johnson attempting to block her half-salary severance payment, but in April this year it was revealed she is suing for a bigger payout.

Carol Higgins, whose mother, Mary Hirst, from Crosskeys, Bearsted, died in April 2006, said: 'The one person I want to see held responsible is Rose Gibb and she seems to have walked away and is now fighting for more money.'

Paul Wilson's mother Eileen, 84, of Maidstone, Kent died from C.diff a month after being admitted to Maidstone Hospital in April 2006 for a stroke.

Mr Wilson, 57, a waterman and lighterman on the River Thames who lives in London, said: 'It is outrageous.

"This is a complete whitewash. I am now going to consider taking private legal action against the NHS Trust. They held their hands up and apologised to me.

'Nothing is ever going to bring my mother back but my dad still lives in the area and I want to know that if he ever had to go into hospital that is going to come out again.'

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The commission's report found shocking hygiene at the three hospitals involved - the Maidstone, the Kent and Sussex and the Pembury - where the stomach bug infected 1,176 patients, killing 90 and hastening the deaths of 180 others.

A shortage of nurses meant wards and washing facilities were filthy and some nurses told patients with diarrhoea to 'go in their beds'.

Anna Walker, the Commission's chief executive, said the trust was so focused on Government targets and dealing with high levels of debt that it failed to deal properly with the bug.

Quick and easy alcohol wipes, which do not kill C diff, were used to clean toilets rather than soap and water, which does eliminate it.

Kent Police said there was no information to indicate any grossly negligent act had occurred while the HSE said mistakes had been made, but there was insufficient information to launch a criminal investigation.

Rose Gibb, who was not interviewed by police or the HSE, claimed she had been made 'a political scapegoat'.

Her husband Mark Rees, also a former NHS trust chief executive, spoke on her behalf at the couple's home in the village of Sole Street, near Gravesend, Kent.

He said she would not be commenting herself and in a statement said: 'I would suggest that any further questions should be put to the leadership of the NHS and the Secretary of State as they are better placed to explain the real underlying causes and issues then existing in the whole of the NHS.

'Everything else is a deflection from the real issues and further political scapegoating of Rose Gibb.

'We are very sorry for all the families and hope the NHS is concentrating on addressing the real and complex threat posed by C diff and MRSA in the National Health Service.'

Nigel Ellis of the Healthcare Commission said the whole of the NHS needed to learn lessons from Maidstone.

He said: 'Our investigation catalogued failures in management and leadership and practices on the wards that were simply unacceptable.

'Since publishing the findings of our investigation, our focus has been on ensuring that this is never allowed to happen again.

'We have conducted two follow-up inspections at the trust and will be back in again soon.

'We will make our final judgment on progress when we publish the follow-up report later this year.'

The Trust's deputy chief executive Sandra Caldwell said: 'The Trust has acknowledged that mistakes were made and their senior management team has changed substantially.'




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