Influencer NHS nurse wrongly suspended after patient claimed she was pregnant with his child wins huge payout
A NURSE wrongly suspended for two years after a patient claimed she was pregnant with his child has won a huge payout.
Jessica Thorpe was investigated after the man, named only as Patient X, said the pair were in an "inappropriate relationship".
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He was a patient on a secure facility for men with mental disorders who have come into contact with the criminal justice system.
The patient claimed Thorpe was "pregnant with his child" - leading her to be suspended three days later.
She eventually was told she could continue her work with Cumbria, Northumberland, Tyne and Wear NHS Foundation Trust in October 2022 but she resigned a month later in protest.
Thorpe has now been awarded ££24,118 after she won a claim for unfair dismissal, breach of contract and unlawful deduction of wages.
A judge previously said he would not address or make factual findings on Patient X's allegations as he ruled in the nurse's favour.
The court heard Thorpe began working for the trust in early 2020 but was suspended in April that year when the claim was made.
A hearing eventually took place in July 2021 - more than a year after the allegations arose - by which time Patient X had passed away.
The panel heard how there may have been a 'blurring of boundaries' due to the patient 'responding well' to the nurse.
The allegation of inappropriate behaviour was not upheld due to a lack of 'conclusive evidence'.
Despite the ruling, Thorpe was told she would not be returning until a police probe into Patient X's death was completed.
Judge Simon Loy said there was an 'enormous period' where Thorpe was suspended but said the 'real issue' arose from the trust's decision not to allow her back to work after the disciplinary hearing.
During her suspension, the nurse launched a food influencer account on Instagram called 'Slice of Jess', which amassed more than 50,000 followers.
She also began making YouTube videos and started earning money from her content.
Tax returns shown to the tribunal revealed her income from Google soared from £4,211 in 2021 to £19,222 in 2023.
The trust tried to argue that Thorpe only resigned from her role as she wanted to "pursue her career as a social media influencer'.
But Thorpe said she only started posting content as a "hobby" during her suspension.
She also told the trust when resigned that she was doing so because the trust failed to address any 'gossip' about the 'alleged relationship' from colleagues.
Judge Loy accepted her desire to pursue a career as a social media influencer was 'influential' on her decision to leave.
He said he had "considerable sympathy' for their position as in "other contexts", the breach could be considered to have been "remedied".
But he added: "However, the tribunal must apply the applicable legal principles.
'If the duration of [Miss Thorpe's] suspension gave her an opportunity to explore the potential for social media activities to generate income then so be it.'
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We're stuck in a situation over who's going to make those decisions regarding who gets the drug - of whether Jasper gets it or another boy Rosie Day "Every day matters. Six months ago, Jasper could walk up and down the stairs easily. He can't do that now and Pete has to push him up the stairs every night. "Yet we can't give him something that is as simple as two spoons full of medicine and a blood test, and a little bit of maybe resource looking at the blood test results - that is what is standing in our way." Rosie said it was unclear how the Evelina is "going to make a fair choice" because knowing who will lose mobility is not an exact science. And she said the process is "hugely subjective" because there is no linear decline in the condition and the decisions made by NHS trusts could end up being "completely wrong". According to Duchene UK, boys whose condition is getting worse risk falling off the list entirely while waiting for the drug. Around 500 boys in the UK are eligible for givinostat, which can be taken at home like Calpol, with hospitals then doing follow-up blood tests of around eight in the first year, followed by twice a year thereafter. 4 Children may also need an ECG, though these are already part of routine Duchenne monitoring. Emily Reuben and Alex Johnson, founders of Duchenne UK, said: "As time ticks by, more boys are losing out on their chance to access givinostat. "This is a simple treatment, which can be easily managed at home, and requires uncomplicated blood tests to monitor. It's free to the NHS and could offer real hope for patients and their families. "The delays are cruel and the postcode lottery is unjustifiable. We are calling on the NHS to urgently make this available to both ambulant (walking) and non-ambulant boys." To date, all health boards in Scotland are rolling out the drug, alongside those in Swansea and Cardiff. Leicester Royal Infirmary was the first trust in England to give the drug, but the Evelina has not yet, and neither have trusts in Manchester, Liverpool and Newcastle. Great Ormond Street Hospital is working to supply the drug. A spokesman for the Evelina said: "We have begun contacting families of all existing Evelina London patients who may be eligible for givinostat and are working to set up appointments in the next few months. "Our clinical team are working through our patient lists and are currently prioritising children who need the treatment most urgently, or are at a higher risk of losing movement (ambulation) soon." An NHS spokesman said: "The first National Institute for Health and Care Excellence (Nice) committee meeting to consider this treatment is scheduled to be held in July 2025, and if manufacturer ITF Pharma can offer a cost-effective price to enable Nice to recommend its use, the NHS will be ready to work with the company to explore fast-tracking access for patients. "NHS England has published guidance on manufacturer-led early access schemes, which require trusts to cover substantial costs and find additional clinical resources to administer new treatments, and we understand a number of trusts across the country are preparing to offer givinostat via such a scheme." Parents have met with Health Secretary Wes Streeting to try and speed up access. Duchenne muscular dystrophy (DMD) Muscular dystrophies (MD) are a group of inherited genetic conditions that gradually cause the muscles to weaken, leading to an increasing level of disability. Duchenne MD (DMD) is one of the most common and severe forms, it usually affects boys in early childhood; people with the condition will usually only live into their 20s or 30s. The condition primarily affects boys because it's an X-linked recessive condition. This means the faulty gene responsible for DMD is located on the X chromosome, and boys have only one X chromosome. Early symptoms often involve delays in walking, difficulty getting up, and enlarged calves. Over time, as the disease progresses, it can impact various parts of the body, including the heart and lungs. Treatment focuses on managing symptoms and slowing the progression of the disease, as there is no cure. Corticosteroids are a mainstay of treatment, and new gene therapies are also available for certain patients. Givinostat (trade name Duvyzat) is a treatment for DMD that has been approved for use in boys aged six and older, regardless of the specific genetic mutation they have. It's a non-steroidal drug that works by inhibiting histone deacetylase (HDAC), which helps to reduce inflammation, muscle loss, and scarring. While not a cure, givinostat can potentially slow down the progression of DMD and preserve muscle function.
