Loved Ones Of Three Patients Who Later Died And Six Further Patients Receive Damages

Health bosses have paid out compensation after a number of transplant patients contracted a serious bacterial infection linked to a hospital’s water supply.

Specialist public health lawyers at Irwin Mitchell have secured a six-figure settlement package in connection with nine cases following an outbreak of Mycobacterium abscessus (M.abscessus), at the Royal Papworth Hospital in Cambridge.

Three patients later died – two as a result of complications linked to the bacterial outbreak. The other six suffered serious complications which continue to affect them. 

The patients received confirmed diagnoses of M.abscessus from the water supply following admissions to the specialist transplant hospital between July 2019 and August 2022.

Families receive settlements following Papworth Hospital infected water outbreak

Following the outbreak, families instructed specialist public health lawyers at Irwin Mitchell to help investigate and secure answers. 

In a civil claim, pursued as a group action, the legal experts have now secured out of court settlements. The Royal Papworth Hospital NHS Foundation Trust, which runs the hospital, denied liability but worked to resolve each of the claims amicably without court proceedings being required.
 
Jatinder Paul is the expert public health lawyer at Irwin Mitchell leading the legal team which represented the group.

Expert Opinion

“Patients were admitted to this world-renowned hospital to undergo transplant surgery or seek treatment for serious lung conditions in the hope of a better life. While the surgical care itself hasn’t been an issue, the events that unfolded have been devastating for them and their families.

“Although nothing can truly compensate for what our clients have endured, we’re pleased that these settlements offer some form of closure and will give the families access to the specialist support they require.

“M.abscessus is an incredibly serious bacterial infection, especially to those who are vulnerable and immunosuppressed, such as lung transplant patients.

“Large public buildings with complex water systems – such as hospitals – can be at an increased risk of waterborne contamination.

“While the Trust identified areas for future action in its internal investigation report we urge it to ensure the highest public health standards are upheld at all times to reduce the risk of a similar outbreak.” Jatinder Paul

M.abscessus outbreak background

Following the outbreak, a serious incident report by the hospital Trust found that 21 patients with lung conditions were infected with M.abscessus in the months after the specialist heart and lung hospital opened in May 2019. The “most credible source” of the outbreak was the hospital’s water supply becoming contaminated.

However, the number of patients likely to have been infected had risen to 34, an inquest into two patients’ deaths was told in November 2022. 

Coroner Keith Morton found that the pair’s M.abscessus was a hospital acquired infection. 

Mr Morton said he was concerned there was a “lack of understanding” as to how M.abscessus entered the hospital’s water system. He added there was “an absence” of guidance to hospitals in the Health Technical Memoranda – designed to advise on the design, installation and operation of specialist buildings and technology used in healthcare – relating to identifying and controlling M.abscessus. 

This gave risk to future deaths, especially in new hospitals and among patients with weakened immune systems, the coroner added.

The coroner issued a prevention of future deaths report calling on the Department of Health and Social Care to outline what measures it would take to reduce similar deaths in the future. 
 

Sons of Borehamwood teacher Anne Martinez speak out following her death 

Primary school teacher, Anne Martinez, had lung disease. She underwent a double transplant at the Royal Papworth Hospital in July 2019. She was diagnosed with M.abscessus in July, 2019. 

By October 2019 Anne, of Borehamwood, began experiencing shortness of breath and a decline in her lung function. Treatment for M.abscessus began in October, 2019. 

By the following month, Anne had signs of an acute kidney injury. She was advised that the likely cause was the antibiotics used to treat the infection.

The 65-year-old died in December 2020. 

In a joint statement her sons Tony, 43, and Andrew 38, said: “We hoped that when mum underwent her transplant it would be the start of a brighter future. Even six years on from mum’s transplant, it’s difficult to comprehend the events that unfolded.

“She was the best mum anyone could have possibly hoped for, and seeing her second chance at life slipping away from her in those final months is something we will never fully recover from.

“We wish to thank the transplant team for all they did for her. We hope this case highlights the current omissions in the regulations and brings about permanent changes to ensure that other families don’t have to endure what ours has.”

Ipswich mum Karen Starling dies nine months after lung transplant

Karen Starling, who had the lung condition COPD, underwent a double lung transplant at Royal Papworth Hospital in May 2019.

After showing initial signs of improvement, she was diagnosed with M.abscessus in October 2019, and experienced a drop in lung function following the infection. 

Karen, of Ipswich, was re-admitted to the Royal Papworth Hospital towards the end of January 2020 and received intravenous antibiotics. She developed pancreatitis as a complication of her condition and died the following month, aged 54. 

Speaking on behalf of his family, Karen’s husband Derek, said: “Karen was the most loving and caring person. Family meant everything to her, and we felt so blessed that she was in our lives. 

“Following Karen’s transplant, we saw a real improvement in her condition. It looked like the future was going to be positive. She had a renewed energy, no longer needed the stairlift, and was even able to enjoy walking around the shops again. 

“But once we learned about the infection, everything started to unravel. 

“Watching her health decline once again was utterly heart-breaking. We held onto the hope that she might recover, but her immune system was too compromised.

“Losing Karen in such circumstances is something our family will never truly come to terms with. The pain of losing her is still as raw now as it was the day she died. Our family just isn’t the same without Karen to help and guide us.  

“We’d rather have never been in this position but the least we owed Karen was to her honour her memory by getting answers she deserved.”

Find out more about Irwin Mitchell's expertise in supporting families affected by serious illness linked to contaminated water at our dedicated public health illness section. Alternatively, to speak to an expert contact us or call 0370 1500 100.