The High Court ruled last November that the hospital had been treated unfairly during the NHS Safe and Sustainable review into the future of children’s heart services.
The hospital argued that the consultation was unfair as none of the four recommended options included a children’s heart unit at the Royal Brompton.
But the consultation process was ruled to have been fair and lawful at the Court of Appeal.
In a statement, the hospital said it was “disappointed” with the decision.
It said: “The trust took this legal action on behalf of patients and their families. It was action of the last resort and taken with a heavy heart after a number of attempts to settle the matter at an earlier stage failed.”
Sir Neil McKay, chair of the Joint Committee of Primary Care Trusts, which is managing the Safe and Sustainable review, said: “The court action has delayed an open and honest process of consultation and has been frustrating to many of us, including Royal Colleges and professional associations, which have said that change to children's heart services is long overdue.”
A final decision on the future of children’s heart services will be made at a public meeting on 4 July.
