Bug scandal boss loses pay fight

Rose Gibb was claiming �175,000 the the NHS trust was told to withhold

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.

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.

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.

'Right decision'

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.

Ms Gibb was ordered to pay the trust's legal costs.

Glenn Douglas, who was made chief executive of Maidstone and Tunbridge Wells NHS Trust in 2007, said he welcomed the ruling.

"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."

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 report.

Members of bereaved families said they were "pleased but not triumphant" by the outcome of the hearing.

Tony Charlton, whose mother-in-law died from the bug after going into hospital for an eye operation, said: "It was hard to watch and hear that someone like that was claiming even more money."