Angela Ritchie v The Royal Wolverhampton NHS Trust

Facts

Angela Ritchie is the widow of Brian Ritchie, who underwent mitral and tricuspid heart valve repair at the Royal Wolverhampton NHS Trust's hospital on 12 March 2015 and is believed to have contracted Mycobacterium Chimaera endocarditis from a contaminated heater cooler unit manufactured by a company referred to in the judgment only as "the Company". He became symptomatic around 2018, deteriorated in 2020 to 2021, and was diagnosed following surgery in July 2021. Through his solicitor Mr Balen he advanced a product liability claim against the Company, served a Schedule of Loss in May 2022 totalling £346,963.79 which pleaded a seven-year reduction in life expectancy and included a lost years claim, and on 16 August 2022 entered a settlement agreement for £250,000 damages plus £20,000 costs, expressed to be in full and final settlement and expressly releasing claims under the Law Reform (Miscellaneous Provisions) Act 1934 and the Fatal Accidents Act 1976. He died on 28 October 2022. An inquest concluded on 18 October 2023, after which the claimant alleged failings by the Trust which she said cost the deceased two further years of life. She issued this Fatal Accidents Act 1976 claim on 13 October 2025, claiming £35,214.95. The Trust applied to strike the claim out or for summary judgment.