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NHS maternity staff who experienced excessive exposure to nitrous oxide have been awarded significant compensation totaling £735,000, according to a union statement. Basildon Hospital, located in Essex, resolved legal claims from 121 employees, including 85 midwives, who reported symptoms such as fatigue, anxiety, headaches, and cognitive difficulties after the levels of the gas exceeded safety limits.
The Mid and South Essex NHS Foundation Trust has issued an apology to the affected personnel. The Royal College of Midwives (RCM) described this settlement as the largest collective legal claim ever made by midwives in the UK. Nitrous oxide, commonly referred to as Entonox, is routinely used to provide pain relief during childbirth. However, staff members involved in the claims were found to have inhaled the gas continuously during long work shifts over extended periods.
An internal investigation at Basildon Hospital revealed that some employees had been exposed to concentrations of nitrous oxide reaching up to 30 times the legally permitted workplace limit between 2021 and 2023. Shockingly, the trust delayed informing staff about the test results demonstrating this dangerous exposure by 16 months. This prolonged lack of communication came to light following legal action, which was first reported by the BBC in May. The trust ultimately agreed to settle the claims after admitting the hazardous levels of exposure.
Gill Walton, who serves as the chief executive and general secretary of the RCM, condemned the situation, emphasizing, “For years, midwives at Basildon were breathing in nitrous oxide at dangerous levels while they cared for women and babies. Even once the problem had been discovered, it was more than a year before staff were told. That is simply not acceptable and no midwife should ever be treated that way.” She further stated, “This is a landmark settlement for our members and it should make every NHS employer sit up and take notice. If you don’t protect your staff – the RCM will hold you to account.” The RCM has also alerted every NHS trust in England about the risks involved and raised concerns regarding the trust’s delayed response with the Health and Safety Executive (HSE), collaborating with them to enhance guidelines for safe Entonox use.
Louise Crosby, the chief nursing and quality officer at Mid and South Essex NHS Foundation Trust, acknowledged shortcomings, saying, “We have acknowledged that we should have acted faster to address the issues and have apologised to staff.” She added that lessons have been learned and improvements made in the management and monitoring of medical gases within the Basildon maternity unit. To ensure safety moving forward, the trust has installed scavenger systems to cleanse the air in the maternity department, reassuring patients that the use of Entonox remains safe
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