Lawsuit Awarding Compensation to Man Infected with COVID in Hospital Highlights Importance of Stronger Infection Control in Healthcare Settings
Summary of report in Südkurier:
Walter Brummel, a supermarket manager, was admitted for a non-Covid-related issue but later tested positive for the COVID infection. His condition worsened, requiring intensive care and a lung ventilation machine. He developed long-lasting health effects, including respiratory issues, other physical symptoms and depression.
Brummel sued Tettnang Hospital, claiming the hospital failed to follow Covid-19 hygiene protocols, resulting in a significant outbreak. An expert witness, Dr. Marc Lütgehetmann, testified that it was highly likely Brummel contracted the virus after being admitted, based on a recent study from Nature. Despite initial skepticism from the court, new evidence convinced the judges that the hospital was liable for his infection.
A settlement was reached after four hours of negotiations, offering Brummel 60,000 euros in compensation and damages—10,000 euros more than he originally sought. The court compared his case to previous rulings on hospital-acquired infections like MRSA or HIV. Brummel emphasized that his motivation was not financial, but to ensure accountability for the hospital’s failures in managing the pandemic.
Lessons learned:
The case of Walter Brummel, a 59-year-old man who contracted COVID-19 while hospitalized in Germany, is a sobering reminder of the dangers that can arise from lapses in infection prevention and control. In December 2020, Brummel was admitted to Tettnang Hospital for a non-COVID condition but soon contracted the virus, which a court recently ruled was a result of the facility’s inadequate adherence to hygiene standards. After suffering severe illness, including weeks in a coma, Brummel’s successful lawsuit has brought significant attention to the risks posed by preventable healthcare-acquired infections (HAIs) during the pandemic.
The World Health Network (WHN) applauds the recent decision to award Walter Brummel €60,000 in damages for the pain, suffering, and life-changing effects he endured. This ruling is not only a victory for Brummel but also for every patient who has suffered due to negligent practices in healthcare settings. The judgment sends a clear message: healthcare institutions must be held accountable when they fail to protect patients from preventable infections like COVID-19. Brummel’s case shines a light on the critical need for stronger measures to ensure the safety of patients and healthcare workers alike.
This case should serve as a wake-up call for healthcare institutions worldwide. Many hospitals and clinics are still not fully equipped to handle airborne infections like COVID-19. Inadequate infection prevention and control (IPC) practices remain a significant issue, leading to unnecessary suffering and loss of life. Healthcare settings must reassess their protocols, particularly when it comes to protecting against airborne diseases that have become all too common as we continue to navigate the ongoing COVID-19 pandemic. WHN continues to call for long overdue and urgent action be taken in healthcare safety.
WHN calls on:
- healthcare facilities globally to implement systemic airborne infection control measures including improved ventilation, HEPA filtration, UV disinfection, NIOSH-approved respirators, testing on entry, isolation, quarantine, and distancing,
- institutions such as the Center for Disease Control and Prevention (CDC), its Healthcare Infection Control Practices Advisory Committee (HICPAC), and its international counterparts to provide science-based IPC guidance to healthcare facilities acknowledging Sars-CoV-2 as an airborne pathogen as has the World Health Organization (WHO).
The Brummel case sets an important precedent, but it is not an isolated incident.
Healthcare-acquired infections continue to occur regularly due to substandard airborne infection control practices. We urge healthcare leaders to act swiftly in updating their IPC measures to prevent further harm. Protecting patients and healthcare workers alike from the spread of preventable infections must be the top priority in every hospital and clinic. The time for action is now.
Translated from German to English:
Nearly four hours of negotiations took place on Thursday before the Ravensburg District Court, and then a settlement offer was reached. Presiding Judge Claudia Schumacher-Diehl proposed 40,000 euros in compensation for pain and suffering and 20,000 euros in damages to both parties. A total of 60,000 euros would compensate Walter Brummel for “fear of death, traumatic experiences, and significant impairments” due to a Covid-19 infection, according to the judge. The expert ruled out that Walter Brummel contracted the virus before being admitted to the Tettnang hospital.
What the now 59-year-old had to endure in the winter of 2020 recalls the horrors of the Covid pandemic. The manager of a supermarket in Friedrichshafen was admitted to Tettnang Hospital on December 5, 2020, with sudden hearing loss and a negative test result. On December 11, after a PCR test, he learned he was infected with Covid-19. The day before Christmas Eve, doctors determined that his lungs were failing. Hours later, a rescue helicopter flew him to Tübingen University Hospital. For three and a half weeks, his body fought the virus on a lung ventilation machine in the intensive care unit. Most of the time, the family man was in a coma, hovering between life and death. (..)
See original Südkurier article here.
