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More Than 100 Basildon Maternity Staff Sue Over Workplace Nitrous Oxide Exposure

The case tests how the NHS protects staff from long-term exposure to medical gases.

Overview

  • More than 100 current and former staff who worked at Basildon University Hospital’s maternity unit from 2018 to 2023 have launched legal action against Mid and South Essex NHS Foundation Trust.
  • The claimants, including midwives and healthcare assistants, report fatigue, headaches, anxiety and brain fog, symptoms the Health and Safety Executive links to high workplace exposure.
  • An independent Good Governance Institute review found the trust delayed acting on high nitrous oxide readings from July 2021 until October 2022 and failed to act with candour.
  • NHS Resolution has received 141 claims in the case, and a small number have already settled for just over £89,000 in combined damages and legal costs.
  • The trust has apologized, says current gas levels are within safe limits after new monitoring and gas‑scavenging equipment, and says it is acting on the review’s recommendations.