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.
Image: 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.
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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”.
Image: Dr Fearnley’s painful skin rashes after contracting COVID. Pic: Kelly Fearnley
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.”
Image: 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.
Image: 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.
As a ban on the sale of disposable vapes comes into force on Sunday, a doctor who set up the first-ever clinic to help children stop vaping has said she has seen patients so addicted they couldn’t sleep through the night without them.
Professor Rachel Isba established the clinic at Alder Hey Hospital in Liverpool in January and has now seen several patients as young as 11 years old who are nicotine dependent.
“Some of the young people vape before they get out of bed. They are sleeping with them under their pillow,” she told Sky News.
Image: Professor Rachel Isba set up the first-ever stop vaping clinic for children
“I’m hearing stories of some children waking up at three o’clock in the morning, thinking they can’t sleep, thinking the vape will help them get back to sleep. Whereas, actually, that’s the complete opposite of how nicotine works.”
Ms Isba said most of her patients use disposable vapes, and while some young people may use the chance to give up, others will simply move to refillable devices after the ban.
“To me, vaping feels quite a lot like the beginning of smoking. I’m not surprised, but disappointed on behalf of the children that history has repeated itself.”
A government ban on single-use vapes comes into effect from Sunday, prohibiting the sale of disposable vaping products across the UK, both online and in-store, whether or not they contain nicotine.
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The Department for Environment, Food and Rural Affairs (Defra) said usage among young vapers remained too high, and the ban would “put an end to their alarming rise in school playgrounds and the avalanche of rubbish flooding the nation’s streets”.
Image: Pic: PA
Circular economy minister Mary Creagh said: “For too long, single-use vapes have blighted our streets as litter and hooked our children on nicotine. That ends today. The government calls time on these nasty devices.”
At nearby Shrewsbury House Youth Club in Everton, a group of 11 and 12-year-old girls said vape addiction is already rife among their friends.
Yasmin Dumbell said: “Every day we go out, and at least someone has a vape. I know people who started in year five. It’s constantly in their hand.”
Image: Yasmin Dumbell says she knows students who started vaping in year five
Her friend Una Quayle said metal detectors were installed at her school to try to stop pupils bringing in vapes, and they are having special assemblies about the dangers of the devices.
But, she said, students “find ways to get around the scanners though – they hide them in their shorts and go to the bathroom and do it”.
Image: Una Quayle says metal detectors installed at her school won’t stop students using vapes
The girls said the ban on disposables is unlikely to make a difference for their friends who are already addicted.
According to Una, they’ll “find a way to get nicotine into their system”.
As well as trying to address the rise in young people vaping, the government hopes banning single-use vapes will reduce some of the environmental impact the devices have.
Although all vapes can be recycled, only a tiny proportion are – with around eight million a week ending up in the bin or on the floor.
Pulled apart by hand
Even those that are recycled have to be pulled apart by hand, as there is currently no way to automate the process.
Scott Butler, executive director of Material Focus, a recycling non-profit group, said vapes were “some of the most environmentally wasteful, damaging, dangerous consumer products ever sold”.
His organisation worries that with new, legal models being designed to almost exactly mimic disposables in look and feel – and being sold for a similar price – people will just keep throwing them away.
He said the behaviour “is too ingrained. The general public have been told ‘vapes are disposable’. They’ve even been marketed this way. But they never were disposable”.
A ban on disposable vapes comes into force on Sunday, with a warning issued about the “life-threatening dangers” of stockpiling.
From Sunday it will be illegal for any business to sell or supply, or have in their possession for sale, all single-use or disposable vapes.
Online nicotine retailer Haypp said 82% of the 369 customers they surveyed plan to bulk purchase the vapes before they are no longer available.
But the vapes contain lithium batteries and could catch fire if not stored correctly.
Image: A sign for customers at a Tesco store in Gerrards Cross, Buckinghamshire. Pic: PA
While more than a third (34%) of people surveyed by Haypp said they would consider buying an illegal vape after the ban, the overall number of people using disposable products has fallen from 30% to to 24% of vapers, according to Action on Smoking and Health.
Shops selling vapes are required to offer a “take back” service, where they accept vapes and vape parts that customers return for recycling – including single use products.
The Local Government Association (LGA) led the call for a ban two years ago, due to environmental and wellbeing concerns, and is warning people not to stockpile.
Cllr David Fothergill, chairman of the LGA’s Community Wellbeing Board, said: “Failing to store disposable vapes correctly could cost lives, given the significant fire risk they pose.”
How disposable vapes catch fire – or even explode
Figures obtained by the Electric Tobacconist, via Freedom of Information requests, found an increase in vape related fires – from 89 in 2020 to 399 in 2024.
Many disposable vapes use cheap, or even unregulated lithium-ion batteries, to keep the costs down. These batteries often lack proper safety features, like thermal cut offs, making them more prone to overheating and catching fire.
If the battery is damaged, or overheats in any way it can cause thermal runaway – a chain reaction where the battery’s temperature rapidly increases, causing it to overheat uncontrollably.
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2019: Vape product starts fire on US passenger plane
Then, once these fires start start, they are very hard to stop. Water alone can make things worse if the battery is still generating heat, so they require specialised fire suppressants to put them out.
Batteries can then re-ignite hours, or even days later, making them a persistent hazard.
Disposable vapes are a hazard for waste and litter collection and cause fires in bin lorries, even though customers have been warned not to throw them away in household waste. They are almost impossible to recycle because they are designed as one unit so the batteries cannot be separated from plastic.
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Some 8.2 million units were thrown away, or recycled incorrectly, every week prior to the ban.
The Department for Environment, Food and Rural Affairs (Defra) said usage among young vapers remained too high, and the ban would “put an end to their alarming rise in school playgrounds and the avalanche of rubbish flooding the nation’s streets”.
Circular economy minister Mary Creagh said: “For too long, single-use vapes have blighted our streets as litter and hooked our children on nicotine. That ends today.
“The government calls time on these nasty devices.”
‘One in five say they will return to cigarettes’
Separate research by life insurance experts at Confused.com found two in five people (37%) planned to stop vaping when the ban starts.
Nearly one in five (19%) said they would return to cigarettes once the ban comes into force.
The research was based on the answers of 500 UK adults who currently vape.
Vaping and smoking also appears to be on the rise, with Confused.com saying there was a 44% increase in the number of people declaring they smoke or vape on their life insurance policy since 2019.
Russell Brand has pleaded not guilty to rape and sexual assault charges as he appeared in court in London.
The British comedian and actor, from Hambleden in Buckinghamshire, 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.
The charges relate to alleged incidents involving four separate women between 1999 and 2005.
The 49-year-old, who has been living in the US, was flanked by two officers as he pleaded not guilty to all the charges at Southwark Crown Court today.
Image: Russell Brand appears at Southwark Crown Court. Pic: Reuters
Brand stood completely still and looked straight ahead as he delivered his pleas.
The comedian, who has consistently denied having non-consensual sex since allegations were first aired two years ago, is due to stand trial in June 2026.