Superbug test case can go ahead

A Lanarkshire grandmother who contracted the MRSA superbug has been given the go ahead to bring a test case against an NHS board.

Elizabeth Miller, 71, from Kilsyth, said she was "overjoyed" that a legal challenge by Greater Glasgow NHS Board to her case had been dismissed.

Judge Lady Clark ruled a full hearing into the £30,000 claim should be held.

The case is believed to be the first of its kind in the UK and could lead to scores of others, if it succeeds.

Mrs Miller contracted the MRSA bug in 2001 when she was recovering from a heart operation at Glasgow's Royal Infirmary.

"I just feel my life will never be the same again."
Elizabeth Miller

She claims it has turned her life upside down.

Mrs Miller said: "It has ruined my life. I spend most of my life sitting in a chair and depression is one of the worst things it has done.

"I just feel my life will never be the same again.

"But if the case can prevent it happening to someone else that will be a bonus."

Her legal team believes the hospital failed to properly implement a hand hygiene policy.

Court papers lodged on her behalf claim: "If the hospital's hand hygiene policy had been implemented, enforced and adhered to, Mrs Miller would not have become infected with MRSA."

Factual matters

A preliminary hearing took place in the Court of Session in Edinburgh in January, where Judge Lady Clark had to decide whether there was a case in law for Mrs Miller to proceed with a compensation claim.

During a six day legal debate, the health board said the claims made by Mrs Miller were not detailed enough.

They also said she could have picked up the infection before admission to hospital.

But in a written ruling, Judge Lady Clark said there were still some factual matters to be determined and called for the court to hear evidence about the disputed issues at a later date.

While patients have previously sued hospitals for failing to treat the superbug, there have been no cases brought against the health service for giving patients MRSA.

Mrs Miller's solicitor, Cameron Fyfe, said he had 160 other clients who intended to pursue similar claims if her case was successful.

Some claims where patients had died or lost limbs could run into six figures, Mr Fyfe suggested.

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