Bug row boss wins new legal round

Rose Gibb left her job ahead of the Healthcare Commission's report

The former boss of a bug-hit NHS trust has won another legal round in her battle against a decision to deny her a bigger severance deal.

Rose Gibb left her job days before a report into a clostridium difficile (C-diff) outbreak at Maidstone and Tunbridge Wells NHS Trust in 2007.

It concluded the infection was the main cause of death for 90 patients.

The Appeal Court has ruled she can launch a full appeal against the trust, which withheld £175,000 of her payout.

The trust originally negotiated a £250,000 deal with Ms Gibb but paid out only £75,000 after being told not to give her the full sum by the government.

'Disappointed with decision'

A High Court judge ruled in April that she was not entitled to the £250,000 payoff.

In September, she was given leave for an appeal which would consider whether the NHS trust had the power to agree the payment.

On Friday she was told her lawyers can also appeal on other grounds, such as the assurances she was given by her former employer.

"We are disappointed with the decision and will not be alone in that view," said a statement from the NHS trust.

"Our new management team accepted the failings of the trust's previous leadership long ago and put things right.

"Both the trust and relatives should be allowed to move on."

The two-day appeal is expected to take place in March 2010.

Rose Gibb lost her High Court case in April