Leslie Ash, the actress who contracted an infection similar to MRSA in hospital, has been awarded a record-breaking compensation package after suffering years of paralysis in her lower body.

The Chelsea and Westminster Hospital agreed yesterday to pay Ms Ash £5 million for the “shortcomings in her care” while she was a patient.

The NHS Litigation Authority said that the payout set a new record for compensation in a case of hospital-acquired infection, adding that the size reflected her prospective future loss of earnings. Patient groups described it as a “wake-up call” for hospitals to improve their infection control.

Ms Ash, 47, was admitted to the hospital in April 2004 with a punctured lung and two broken ribs after falling off her bed while having sex with her husband, the former footballer Lee Chapman. She had an epidural as part of her treatment and a few days later found that she had no feeling from her chest down.

The actress, famous for her roles in Men Behaving Badly, Where the Heart Is and Merseybeat, was told that she had MSSA, a bacteria like MRSA, and that she might never walk again.

In a High Court writ served on the hospital, the actress, who still uses a walking stick, said that she would never again be able to play “active roles as an actress”. She said in one newspaper interview: “I was enjoying a fantastic career, nearly 30 years of it, and to be struck down so suddenly was very, very upsetting. I went into hospital with one thing and came out with another.”

The Chelsea and Westminster NHS Trust initially agreed an interim payment of £250,000 after admitting that it was in breach of duty over some aspects of her treatment. It disputed some of the allegations and demanded proof of the alleged financial losses that she had suffered. The case was due to go to court in April.

After both sides reached a settlement yesterday Ms Ash’s lawyers said that she was delighted with the payout. Janice Gardner, of Russell Cooke solicitors, added: “Nobody really wants to go to court. It would have been hard going for her. In a case when you have got serious injuries you have to be reasonably satisfied that the injuries have settled before you can settle the claim.”

Hospitals have been facing an increasing number of compensation claims from patients who have acquired infections. In July 2006 Kitty Cope, 87, won a landmark case against the Princess of Wales hospital in Bridgend, South Wales, after her lawyers argued that it had breached health and safety rules. Previously claimants had to prove that the NHS was negligent, which was far more difficult.

Figures from the NHS Litigation Authority show that whereas only £450,000 was paid out in total to patients in 2002-03, £4.8 million was paid out between 2004 and 2006.

Lawyers said, however, that people who had similarly suffered from hospital-acquired infections should not get their hopes up. Claire Fazan, a leading clinical negligence lawyer with Leigh Day solicitors, said: “Whereas the award may sound high, it will reflect the injuries of the actress and in particular her past and future needs and losses, including her earnings.

“But that does not mean that all future claims will be worth that amount. Every individual will still have to prove what his or her claim is worth, in the context of the circumstances of their case.” A spokes-woman for the Patients’ Association said that the payout would be a warning to other hospitals to improve super-bug prevention methods. “This is a wake-up call to the whole NHS, especially to those trusts not giving infection control top priority.”

A spokesman for the Chelsea and Westminster NHS Trust apologised to Ms Ash for the “shortcomings in her care”, adding that it had carried out a “full review of all relevant procedures in this case to learn from its mistakes and to improve patient care”.

Steve Walker, chief executive of the NHS Litigation Authority, said the payout was the highest arising from a hospital-acquired infection. “She was earning a lot of money before this happened. Most of the value of the award is either past loss of earnings or prospective future loss of earnings.”

A dramatic life

— Leslie Ash was born in 1960. She married Lee Chapman, a footballer, (above, with Ash) in 1988. They have two children

— She was cast in 1991 as Debs in Men Behaving Badly (with Caroline Quentin)

— In 1997 she took out an injunction against Chapman after he tried to kick in the door of Ms Quentin’s flat. He was arrested but never charged with any offence

— In 2002 she had collagen implants to increase the size of her lips. The procedure went wrong; she was left with a “trout pout”

— In April 2004 she was admitted to hospital with a punctured lung and two fractured ribs after falling out of bed while making love. At the Chelsea and Westminster Hospital her lung was drained. When she was ready to leave she noticed what looked like a boil between her shoulderblades

— She was discharged but began to feel sick and suffer pounding headaches. She woke up one morning unable to move her legs

— Doctors discovered an abscess on her spinal column. They cut through two vertebrae to reach it and stop the infection spreading

— She was left with chronic paresthesia caused by nerve damage to her spinal column. She could not feel or move her legs Hours of physiotherapy have allowed her to walk, although she still uses a walking stick

Source: Times database, IMDB

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