Over 100 maternity staff sue NHS over gas exposure

More than 100 maternity staff are taking legal action against a hospital trust after being exposed to "hazardous" levels of nitrous oxide.

The staff, who include midwives and healthcare assistants, all worked at Basildon Hospital in Essex between 2018 and 2023.

Symptoms including fatigue, anxiety, headaches and "brain fog" were reported.

A total of 141 claims have been received, according to the NHS.

The Mid and South Essex NHS Trust has already paid out £89,000 in settlements over claims staff were exposed to "excessive and foreseeably dangerous" levels of Entonox, which is often called gas and air.

The trust has apologised and said it "should have acted faster to address the issues".

Entonox is a mixture of nitrous oxide and oxygen that is used as pain relief for women giving birth. Levels can build up quickly in the air without adequate ventilation.

The gas was released on maternity units when cannisters were connected, birthing mothers exhaled, and when the equipment was faulty, according to papers filed at the High Court.

Maternity staff were exposed to gas levels up to 30 times higher than the legal workplace exposure limit, an internal hospital report found.

'Widespread anger'

One female staff member taking part in the legal action, who did not wish to be named, told the BBC she and her colleagues had been "poisoned".

The way they were treated was a "massive kick in the teeth" and it had caused widespread anger, she said.

"A lot of people were suffering from chronic fatigue, constant headaches, low vitamin B12, which was subsequently causing things like heart palpitations and very foggy heads," she said.

They were seeking "justice for the staff" who "work tirelessly" to safely deliver babies, she added.

"You've got people sitting in offices that need to be held accountable for their actions," she said.

In another case, a midwife said she had collapsed at work due to the symptoms, which included headaches, low mood and anxiety.

Another claimant said she had experienced pain in her hands and feet.

Other symptoms listed in the court filing include "excessive fatigue and irritability".

The women are seeking damages for personal injury in excess of £1,500.

A report seen by the BBC revealed staff had not been told for 16 months about test results that showed their exposure had breached safety limits.

In 2024, the trust admitted there had been "unacceptable delays in responding to and mitigating a serious risk".

Denise Townsend, the acting chief nursing officer for the trust, said: "Since the incident we have learnt lessons and part of this is that we have improved our oversight of the monitoring of medical gases across the maternity unit at Basildon Hospital."

The BBC understands that the trust has since installed equipment that removes nitrous oxide from the air.