A six-figure settlement package has been secured following an outbreak of Mycobacterium abscessus (M.abscessus) at the hospital.
Three patients later died – two as a result of complications linked to the bacterial outbreak - and the other six suffered serious complications which continue to affect them.
Double lung transplant patients Karen Starling and Anne Martinez both died at the hospital after contracting the infection.
Karen Starling, 54, of Ipswich, Suffolk, died on 7 February 2020, and 65-year-old teacher Anne Martinez, of Borehamwood, Hertfordshire, died on 17 December 2020.
The patients received confirmed diagnoses from the water supply after admissions to the specialist transplant hospital between July 2019 and August 2022.
Following the outbreak, a serious incident report by the trust found that 21 patients with lung conditions were infected with M.abscessus in the months after the specialist heart and lung hospital opened in May 2019. The 'most credible source' of the outbreak was the hospital's water supply becoming contaminated.
However, the number of patients likely to have been infected had risen to 34, an inquest into two patients' deaths was told in November 2022.
In a civil claim, pursued as a group action, the patients secured out-of-court settlements. The trust denied liability but worked to resolve each of the claims amicably without court proceedings being required.
Jatinder Paul, public health lawyer at Irwin Mitchell, who led the legal team that represented the group, said: ‘M.abscessus is an incredibly serious bacterial infection, especially to those who are vulnerable and immunosuppressed, such as lung transplant patients.
‘Large public buildings with complex water systems – such as hospitals – can be at an increased risk of waterborne contamination.
‘While the trust identified areas for future action in its internal investigation report we urge it to ensure the highest public health standards are upheld at all times to reduce the risk of a similar outbreak.'
Eilish Midlane, the hospital's chief executive, said: ‘Lessons have been learnt [and] regulations revised to seek to avoid a similar occurrence in the UK.'
She added: ‘Providing safe and compassionate patient care is our top priority and as part of our investigation in 2019, we worked tirelessly to investigate, understand, manage and control the outbreak.
‘As acknowledged by Irwin Mitchell, we acted appropriately and complied with all the relevant regulations.'