East Sussex Hospitals NHS Trust admits that leukaemia patient Paul Duncan contracted the disease from a contaminated shower at Eastbourne District General Hospital, and admits breach of duty.
But the trust and his widow Clare Duncan have been unab
le to agree on levels of compensation, and now Mrs Duncan is seeking damages of more than £125,000.
Paul Duncan, 41, was admitted to Pevensey Ward of the hospital on April 12 2007 with acute myeloid leukaemia for two courses of chemotherapy.
But he contracted legionnaires' disease after using showers on the ward which were contaminated with legionella bacteria, according to a High Court writ.
His condition started to deteriorate in early June, with vomiting, diarrhoea and high temperatures.
By the time he was treated in the intensive therapy unit, he was suffering from sepsis, pulmonary oedema, and severe pneumonia. His kidneys failed, and he died on June 16.
He knew that he was dying, and before his death he endured pain and suffering, the writ says.
If he had not contracted legionnaires' disease he would have finished his second course of chemotherapy, could have had a bone marrow transplant, and had a life expectancy of five years, it is alleged.
The trust's chief executive Kim Hodgson wrote in October 2007 admitting the hospital had failed in its duty of care to him, the writ says.
Paul and Clare Duncan had married in September 1991, and he worked as a research manager for IBM.
Mrs Duncan brands the trust negligent, and says it failed to clean and chlorinate showerheads in the ward properly in March 2007, failed to allocate the cleaning job to a particular craftsman, contrary to its own procedures, and failed to install legionella filters.
The trust also failed to run a tracking system with job cards properly, failed to keep a log book recording legionella preventing work, failed to give extra attention to sources of potential infection where vulnerable patients were being treated, and departed from a legionella management plan and policy authorised by the Director of Infection Prevention and Control, and the Infection Control Committee, she says.
A DGH spokesperson said, "We would like reiterate our sincere condolences to Mr Duncan's family for their sad loss.
"We are currently in negotiations with the family's representatives to bring this matter to a conclusion.
"We would like to reassure local people that as a result of this incident, we have reviewed and improved our control measures in respect to safeguarding against legionella."
