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Bug scandal boss loses pay fight Bug scandal boss loses pay fight
(about 1 hour later)
The former boss of an NHS trust where where 90 people died in a superbug scandal has lost her High Court fight for a larger severance package. The former boss of an NHS trust where 90 people died in a superbug scandal has lost her High Court fight for a larger severance package.
Rose Gibb left her job days before a report into a clostridium difficile (C-diff) outbreak at Maidstone and Tunbridge Wells NHS Trust.Rose Gibb left her job days before a report into a clostridium difficile (C-diff) outbreak at Maidstone and Tunbridge Wells NHS Trust.
It concluded the infection was the main cause of death for 90 patients.It concluded the infection was the main cause of death for 90 patients.
The trust negotiated a £250,000 deal but withheld £175,000 after it was told not to pay the full sum.The trust negotiated a £250,000 deal but withheld £175,000 after it was told not to pay the full sum.
She had been due to receive £175,000 compensation and £75,000 notice pay, but only received the notice pay because of a public outcry.She had been due to receive £175,000 compensation and £75,000 notice pay, but only received the notice pay because of a public outcry.
'Publicly apologise''Publicly apologise'
Ms Gibb claimed the NHS had "unjustly enriched itself" at her expense by failing to pay the compensation and sought to enforce the rest of her severance agreement at the High Court.Ms Gibb claimed the NHS had "unjustly enriched itself" at her expense by failing to pay the compensation and sought to enforce the rest of her severance agreement at the High Court.
Mr Justice Treacy ruled on Tuesday that the agreement was void and the trust had not unlawfully enriched itself or benefited.Mr Justice Treacy ruled on Tuesday that the agreement was void and the trust had not unlawfully enriched itself or benefited.
She was ordered to pay the trust's legal costs and refused permission to appeal.She was ordered to pay the trust's legal costs and refused permission to appeal.
Glenn Douglas, who was made chief executive of Maidstone and Tunbridge Wells NHS Trust in 2007, said he welcomed the court's decision.Glenn Douglas, who was made chief executive of Maidstone and Tunbridge Wells NHS Trust in 2007, said he welcomed the court's decision.
He added: "This high profile case has been the cause of anxiety for many people and I hope this brings some comfort to them. It is the right decision.He added: "This high profile case has been the cause of anxiety for many people and I hope this brings some comfort to them. It is the right decision.
"We would again like to publicly apologise for what happened during the C.difficile outbreaks that occurred while Ms Gibb was chief executive of the trust."We would again like to publicly apologise for what happened during the C.difficile outbreaks that occurred while Ms Gibb was chief executive of the trust.
"Under new management and with new procedures and strict infection control measures we have subsequently achieved some of the lowest infection rates in the country."Under new management and with new procedures and strict infection control measures we have subsequently achieved some of the lowest infection rates in the country.
"Our priority is and will continue to be to provide safe, high quality care for our patients.""Our priority is and will continue to be to provide safe, high quality care for our patients."
Ms Gibb left Maidstone and Tunbridge Wells NHS Trust in October 2007, days before the report into the C-diff outbreak was published.Ms Gibb left Maidstone and Tunbridge Wells NHS Trust in October 2007, days before the report into the C-diff outbreak was published.
During the hearing, Ms Gibb, of Sole Street, Cobham, said she had been "demonised" by the press following the Healthcare Commission (HCC) report.During the hearing, Ms Gibb, of Sole Street, Cobham, said she had been "demonised" by the press following the Healthcare Commission (HCC) report.
She believed the HCC report was "full of inaccuracies, innuendo and unfounded criticisms" and said she was still being made a scapegoat.She believed the HCC report was "full of inaccuracies, innuendo and unfounded criticisms" and said she was still being made a scapegoat.
Although Ms Gibbs has been refused permission to appeal against the ruling, she can appeal to the Court of Appeal for permission.Although Ms Gibbs has been refused permission to appeal against the ruling, she can appeal to the Court of Appeal for permission.