‘The NHS sold out its staff’: Doctors whose lives were devastated by long COVID to sue health service
Hundreds of doctors are planning to sue the NHS over claims inadequate PPE on the frontline has left them with long COVID, disabled, and in financial ruin.
Dr Kelly Fearnley, 37, was working on a COVID ward at Bradford Royal Infirmary in November 2020 when she caught coronavirus.
More than three years later, the effects of long COVID mean she is still unable to work. After episodes of violent shakes, hallucinations, and a resting heart rate more than double the average, she was diagnosed with limbic encephalitis – inflammation of parts of the brain.
Swelling on Dr Fearnley’s eyelid after contracting COVID. Pic: Kelly Fearnley
Meanwhile, Dr Nathalie MacDermott – an infectious diseases registrar who treated people with the Ebola virus – says COVID has left her with spinal damage after her concerns about a lack of PPE during the pandemic were ignored.
A British Medical Association study of 600 doctors with long COVID last year revealed that 60% had suffered persistent ill health since contracting COVID, and around half (48%) had lost earnings.
Dr Fearnley co-founded Long COVID Doctors for Action (LCD4A), which is today pledging legal action against the NHS for negligent workplace exposure to coronavirus, resulting in injury and financial loss.
The group, which is being represented by the legal firm Bond Turner, claims the NHS decided to downgrade guidance as the virus took hold in March 2020, only requiring staff to wear blue surgical face masks, plastic aprons, and gloves when dealing with suspected or confirmed COVID cases.
This is in line with World Health Organisation (WHO) guidance, which says there is only strong evidence for more restrictive masks such as FFP3s, FFP2s, and N95s, being worn for “aerosol-generating procedures” – not general care of COVID patients.
But both the US and European public health authorities advise at least FFP3 or N95 masks for any healthcare worker in a COVID environment, with scientists leaning on both sides.
Dr Simon Clarke, associate professor in cellular microbiology at Reading University, told Sky News there is a “greater than 50% chance” healthcare workers who were infected in early 2020 contracted the virus at work, as lockdown meant other contact was significantly reduced – but there are no guarantees.
He added: “Some masks seem to be more effective than others and can vary quite a lot.
“We have to remember that there was a shortage nationally of PPE. So the supplies of better, more effective masks might have been somewhat restricted.”
The public inquiry into the UK’s handling of the pandemic has heard PPE provision for healthcare workers was “hopelessly inadequate”. Government and public health officials have admitted “mistakes were made”.
Dr Fearnley’s painful skin rashes after contracting COVID. Pic: Kelly Fearnley
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How long COVID ruined my life
Dr Fearnley, who is currently on 12 months’ unpaid leave, having not worked since the end of 2020, says she used higher-grade masks from when she started work as a junior doctor in the spring until she was deployed to a COVID ward in November.
She said: “I walked onto the COVID ward and there was just a small box with blue masks.
“I asked where the other masks were and was told ‘we’re using these now, don’t worry they’ll protect you’.
“The sudden downgrading of PPE was not based on the known science.
“I didn’t have time to think about it. But I spent 12 hours a day, for five consecutive days, surrounded by COVID-positive patients in the absence of adequate respiratory protection.”
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Dr Fearnley films her breathing and heart rate difficulties
‘My brain is still infected’
Dr Fearnley says she tested positive for COVID after one week on the ward. For four weeks she had flu-like symptoms and suffered breathlessness, as well as a swelling around her eye and a red rash across her body.
She tried to return to work after three weeks but only lasted two hours before dizziness and breathlessness forced her to go back home.
“It was like a switch flipped in my body,” she said.
Her long COVID symptoms over the next two years left her largely bedbound and, at times, suicidal.
“I started to turn more of a corner after two-and-a-half years. Now I can get dressed and move around the house. I can exert myself cognitively and physically a little bit more.
“But I still deal with symptoms daily, my brain still feels infected and there’s an ongoing pathological process in my body I believe needs treatment before I can recover. I feel like I have sustained a traumatic brain injury.
“At 37 I’m living and relying on my 70-year-old father for support. If it wasn’t for him I’d be homeless.”
Dr Fearnley struggled with pins and needles in her arms and legs. Pic: Kelly Fearnley
Call for other doctors to join legal action
LCD4A is calling for other doctors and healthcare workers who worked in England and Wales and suffered similar circumstances to join its group legal action. Those in Scotland can do so via a different legal firm, Jackson Boyd.
Hundreds have signed up, many say they have lost their jobs, and had relationships end. Several of those still employed by the NHS claim they have reached maximum sick pay or are struggling to claim benefits.
One consultant, who asked to remain anonymous, but whose income protection and life insurance were denied, said: “I was once at the peak of my career and have had to give up all my dreams and become a shell of my former self.
“There is no hope at present and at times I wish I died during COVID.”
One junior doctor said her long COVID complications mean she feels unable to ever have children – or become a consultant.
The 33-year-old described how brain fog and mobility problems cause her to burn herself on hot cups of tea, having failed to “work out how to hold them safely”.
GP members have reported losing their practices and years on from their original infection one still described going to the toilet as feeling “like climbing Mount Everest”.
Ebola expert warned London hospital about masks
Dr MacDermott is another LCD4A member who moved from her job as a clinical lecturer in paediatric infectious diseases at King’s College London to work on the COVID frontline in March 2020.
The 41-year-old was moved to Great Ormond Street Hospital and worked as a paediatric registrar.
She caught COVID at the end of March and was off work with classic symptoms for 10 days. When she returned in early April, she says she was moved to a different ward, which was largely caring for children with multi-system inflammatory syndrome – a potentially fatal response to COVID seen in children that causes inflammation of various organs.
Dr Nathalie MacDermott now uses a mobility scooter. Pic: Dr Nathalie MacDermott
Having worked on Ebola and cholera in Africa and Asia, with her background in infectious diseases, she was alarmed by the lack of PPE – and raised it with senior managers.
“I spoke to the head of infection control and said it was unacceptable. I said we should at least have FFP masks but I was told we didn’t need them.”
She claims when she told her staff to wear higher-grade PPE, people would “come to the wards and tell them off for wearing PPE they shouldn’t be wearing”.
Dr MacDermott believes that those responsible for infection control policy across NHS England are to blame for what she, Dr Fearnley, and hundreds of others have suffered as a result of long COVID.
“At the end of the day, people made decisions and those decisions had consequences, and those people are not taking responsibility for those decisions.
“When I worked on Ebola in Liberia, I told healthcare workers that I would never ask them to go into an environment wearing PPE that I wouldn’t go into wearing that PPE myself.
“The NHS sold out their staff during the pandemic. And I’m not going to stay quiet about it because we haven’t learned and we’re still doing it.
“If we had another pandemic tomorrow, we would make exactly the same mistakes again.”
COVID caused spinal cord damage
Dr MacDermott says she caught COVID again and developed severe pain in her neck, back, arms, and soles of her feet.
She continued to be off work and by September 2020 her legs had become “jerky” and her “mobility took a turn for the worse”.
Long COVID has also affected her bladder and bowels, and she now uses a mobility scooter as she is unable to walk without crutches for more than around 100m (330ft).
“The overall conclusion is that I have something called a COVID-related myelopathy, which means COVID has damaged my spine, but we don’t know exactly what that damage is and how it’s done it.”
Dr MacDermott returned to work after almost two years in March 2022. She has had COVID twice since, which she says has set back her neurological symptoms each time.
Her research funding comes to an end in six months and she has so far been unsuccessful in getting further grants. Her health means she can’t do a full-time clinical role.
“So even though I’ve finally got to the end of my training, having graduated from medical school in 2006, I now can’t be the paediatric infectious diseases consultant I wanted to be.”
Both she and Dr Fearnley say they do not feel safe returning to work in the NHS with its current infection control policy, which is still the same.
Dr Fearnley added: “Coronavirus is unequivocally airborne and warrants respiratory protection.
“Our employers have a legal duty of care. Workers have a right to be protected at work and patients have a right to be cared for in safe environments. Hospitals are failing in their duty of care.”
Legal challenge of proving negligence
Legal commentator Joshua Rozenberg says all claimants face a considerable legal challenge in proving the NHS was negligent at that time.
“They have to show that their employers, the hospitals they were working in, didn’t meet what were then-accepted standards of care.
“Presumably when people didn’t really understand COVID, didn’t know about long COVID, perhaps didn’t know what level of protection was necessary for professionals working in the health service.”
He added that the doctors need to clarify which NHS or government bodies they are going to sue.
“They’ve got to decide who was actually responsible and whether they were negligent or not.”
Sara Stanger, director and head of clinical negligence and serious injury claims at Bond Turner, said: “As the nation stood at their doors clapping, our frontline NHS workers risked their lives while caring for patients, without proper protection.
“Thousands contracted the virus themselves, and many have since developed long COVID.
“We are committed to seeking justice for those who were exposed to an unnecessary risk of infection while working on the front line.”
A Department of Health and Social Care spokesperson told Sky News: “Throughout the pandemic the government acted to save lives and livelihoods, prevent the NHS being overwhelmed and deliver a world-leading vaccine rollout which protected millions of lives across the nation.
“We have always said there are lessons to be learnt from the pandemic and we are committed to learning from the COVID-19 inquiry’s findings, which will play a key role in informing the government’s planning and preparations for the future. We will consider all recommendations made to the department in full.”
Sky News has contacted NHS England and the UK Health Security Agency for further comment.
It’s quite simply a political earthquake. Across England, Reform proved it can translate positive polling into real power, picking up another parliamentary seat, a mayoralty, Staffordshire and Lincolnshire councils and dozens of seats by lunchtime. The popularity surge for this anti-establishment party is real.
Look at the votes: Reform doubling its vote share in Runcorn against the general election to 38%, clocking up 42% of the vote in the Lincolnshire mayoral race and 32% in the Doncaster mayoral race, running Labour very close. By lunchtime, Reform had taken the long-held Staffordshire council from the Tories, wiping out their five-strong majority.
The significance of these wins, added in with the big gains for the Lib Dems and Greens, cannot be overstated. It speaks in a serious way to a new era of politics in the UK, in which the decades-long duopoly of Labour versus Conservative is crumbling with the rise of the other parties.
Politics latest: PM told to ‘change course’ as Reform surge to election wins
The trend was evident in the 2024 general election, when the two main parties got their lowest ever vote share. Labour’s clever targeting of seats ensured that it won a massive majority on just 34% of the popular vote. The Lib Dems won a record 70 seats, while Reform picked up five MPs and came second in 98 constituencies.
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Farage: ‘This is Reform-quake’
If that was a loveless landslide, this is the break-up, as voters, who backed Labour’s change message, seem to be pressing the change button again and turning out for a leader who is tapping into voters’ disillusionment with his slogan that “Britain is broken and needs Reform”.
For the government to lose a by-election just 10 months after winning a massive landslide is a terrible moment for Labour. It won this seat with 53% of the vote in July, against Reform polling at 18%. To end up losing it – albeit by just six votes – is a dreadful verdict from voters here on their early performance.
Those around the PM admit it is deeply frustrating but say they expected a kicking from an angry electorate impatient for change. They are taking crumbs of comfort in, just about, holding the mayoralties of Doncaster, North Tyneside and West of England.
But in early council results, the drop in the Labour vote is big, and that raises questions as to whether Starmer’s party will struggle to hold constituencies it gained in the July election, such as Hexham in Northumberland.
The approach from No 10 is to “keep calm and carry on” with its government agenda – the immigration white paper, defence review, infrastructure strategy – to deliver for the public and win back the support they had in the last general election in time for the next.
Read more:
Full local and mayoral election results
Reform has put the two traditional parties on notice
Nigel Farage holds up six fingers to indicate the six votes his party’s candidate won by in the Runcorn and Helsby by-election. Pic: Reuters
For the Conservatives, it’s been – to quote one political rival – a “story of Tory councillors getting machine gunned”. In Staffordshire, where Farage did his final rally, Reform have taken a council where the Tories had a 50-strong majority.
The party has been absolutely hammered by Reform in the Tory heartlands of Lincolnshire, where Dame Andrea Jenkyns won the Greater Lincolnshire mayoralty by 40,000 votes. In the general election, the Conservatives held six of the eight parliamentary seats in this county, on Friday Jenkyns beat the Tories in eight out of the nine areas.
Those around Conservative leader Kemi Badenoch are trying to steady nerves, arguing that these results are disappointing but not surprising in the context of the party’s worst-ever election defeat in 2024, with the party “under new leadership” and “still in the early stages of a long-term plan to renew”.
Others are panicked and angry. “This is what political extinction looks like,” one senior Tory source told me, in a sign that questions over Badenoch’s leadership are only going to build.
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How significant are Reform’s wins?
There are many results still to come in, but what these elections are pointing to is the rise of multi-party politics with voting spread across three or four parties in many of the races and the two main parties rapidly losing ground.
It ties into the longer run trends in our voting, leaning towards more parties and less tribalism amongst voters, as the electorate shift loyalties, and frustration with Labour and the Tories fuels support for the alternatives.
Reform’s success in Runcorn and Durham, as well as Staffordshire and Lincolnshire, shows that Farage poses a significant threat to the two main parties. Add in the Lib Dems, challenging the Tories in their blue wall shires on the centre right, and what we see emerging is a party system where the two governing parties are no longer dominant.
These elections then, while relatively small, are profoundly consequential for our political system. Where we go next is hugely unclear. Much will rest on whether Labour can deliver on its promises and dull Farage’s drumbeat of change.
Reform promised to fix ‘broken’ councils. Pic: PA
Reform’s challenge will be to prove that it can govern and sustain the additional scrutiny that being in office entails.
The Conservatives are in the most desperate place of all, squeezed by Reform on the right flank and the Lib Dems on the left. But what is clearer after today is that the political earthquake Farage has long promised is now shaking our political system in a perhaps epochal way.
The Reform leader has long been saying he is this country’s next prime minister. Looking at the way he and his party have translated poll leads into real power means that prospect is no longer a pipe dream.
One of two men on trial for cutting down the Sycamore Gap tree told a court his co-defendant had wanted to cut down the “most famous tree in the world”.
Daniel Graham, 39, said Adam Carruthers, 32, rang him the morning after to claim responsibility for felling the tree beside Hadrian’s Wall.
He said Carruthers had asked him to take the blame “because he had mental health issues”, believing he would be treated more leniently.
The prosecution allege that Graham and Carruthers drove from Carlisle to the Northumberland landmark in September 2023 during Storm Agnes.
Both men deny two counts of criminal damage to the sycamore and to the Roman Wall.
Daniel Graham and Adam Carruthers. Pic: CPS/PA
On the fourth day of the trial, Graham was asked about a call Carruthers made to him on the morning of 28 September 2023.
“It was Adam claiming he had cut down the Sycamore Gap tree, claiming that it was him that cut it down,” he said.
“I told him he was talking shite, I didn’t believe it.”
While Graham said his former friend had spoken of wanting to cut down the tree in the past, he “didn’t take it seriously”.
“At the time I didn’t know of the tree … He told me it was the most famous tree in the world.”
He told Newcastle Crown Court that he remembered Carruthers ordering a chainsaw and saying it was big enough to cover the Sycamore Gap’s circumference.
Adam Carruthers. Pic: CPS/PA
Defence barrister Chris Knox said two people had been involved on the night in question, one feling the tree and the other filming.
But while Graham said that Carruthers felled the tree, he “[didn’t] know 100% who the other person was”.
Speaking from the witness box, Graham said he was not the one using his Range Rover or mobile phone on the night the tree was cut down, which were both traced to the tree’s location.
At the time, the pair were the “best of pals”, according to Graham.
When questioned by Mr Knox on whether Carruthers had asked to borrow his Range Rover, he added: “Adam wouldn’t need to ask to borrow anything of mine. He was welcome to it.”
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Jurors have been told that an anonymous call was made to the emergency services on 23 August last year, by a man believed to be Graham, in which Carruthers was named as being responsible for felling the Sycamore Gap.
The trial continues.
UK
Comedian and actor Russell Brand bailed after appearing in court charged with rape and sexual assault
Russell Brand has been granted bail after appearing in court charged with sexual offences including rape.
During the brief hearing at Westminster Magistrates’ Court, the 49-year-old spoke only to confirm his name, date of birth, and address, also confirming to the judge that he understood his bail conditions.
Russell Brand outside Westminster Magistrates’ Court. Pic: Reuters
Brand, who has been living in the US, was charged by post last month with one count each of rape, indecent assault and oral rape – as well as two counts of sexual assault – in connection with incidents involving four separate women between 1999 and 2005.
The allegations were first made in a joint investigation by The Sunday Times, The Times and Channel 4 Dispatches in September 2023.
The comedian and actor did not say anything as he entered the court
The comedian, actor and author has denied the accusations and said he has “never engaged in non-consensual activity”.
Appearing before Senior District Judge Paul Goldspring, Brand stood to confirm his name and address. He then sat down while the charges were read to the court.
Brand surrounded by media. Pic: Reuters
Brand is charged with the rape of a woman in 1999 in the Bournemouth area. She alleges that after meeting Brand at a theatrical performance and chatting to him later in her hotel room, she returned from the toilet to find he’d removed some of his clothes. She claims he asked her to take photos of him, and then raped her.
The court also heard of another of Brand’s alleged victims, who has accused him of indecently assaulting her in 2001 by “grabbing her arm and dragging her towards a male toilet” at a TV station.
Brand is accused of the oral rape and sexual assault of a woman he met in 2004 in London. He is accused of grabbing her breasts before allegedly pulling her into a toilet.
The final complainant is a radio worker who has accused Brand of sexually assaulting her between 2004 and 2005 by “kissing” and “grabbing” her breasts and buttocks.
Brand leaves court. Pic: Reuters
The judge referred the case up to the Central Criminal Court – informally known as the Old Bailey.
Brand was asked to supply both his US and UK addresses to the court.
When asked if he understood his bail conditions, he replied, “Yes”.
The case was adjourned and Brand, of Hambleden, Buckinghamshire, was told he must appear at the Old Bailey on 30 May.
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