Key facts
- Over 120 midwives and maternity staff at Basildon University Hospital were exposed to nitrous oxide.
- The settlement awarded to the staff amounts to almost £750,000.
- Exposure levels were up to 30 times the legal limit.
- Staff reported symptoms including fatigue, anxiety, headaches, and brain fog.
- The Mid and South Essex NHS Foundation Trust admitted exposing staff to dangerous levels.
- The RCM supported the legal action, which is the largest group action by UK midwives.
More than 120 midwives and maternity staff at Basildon University Hospital have been awarded nearly £750,000 in a settlement after prolonged exposure to high levels of nitrous oxide, widely used for pain relief during labour. The Royal College of Midwives (RCM) supported the legal action, which highlighted issues with poor ventilation on the maternity unit and leaking gas lines and equipment between 2021 and 2023.
Tests in June 2021 identified dangerous levels of the gas, but staff were not informed until October 2022. It was not until 2023 that measures to reduce exposure, such as improved ventilation and guidance on breaks, were introduced. Many staff reported symptoms including fatigue, anxiety, headaches, and 'brain fog'.
The RCM emphasized that the risk to staff stemmed from the working conditions over a sustained period, not from the pain relief itself, which remains safe for women. Thompsons Solicitors represented the workers, and the Mid and South Essex NHS Foundation Trust admitted liability. The settlement is reportedly the largest group action ever brought by midwives in the UK. The RCM also wrote to all NHS Trusts in England to inform them of the risks and worked with the HSE to update guidance on Entonox use.
