Concluded Inquest concluded February 2025

Ben Condon Inquest: A Family's 10-Year Fight for Truth

Representing Jenny and Allyn Condon in their decade-long battle to uncover the truth about their son Ben's death at Bristol Royal Hospital for Children.

MS

Mary Smith

Head of Inquests, Human Rights & Fatal Negligence

In February 2025, after a decade of fighting for answers, Jenny and Allyn Condon finally received the truth about their son Ben's death. The second inquest into Ben's passing revealed what his parents had long suspected: a catalogue of NHS failings and a disturbing lack of candour from the trust.

Ben's Story

Ben Condon was born prematurely on 17 February 2015. He was, by all accounts, a healthy and thriving baby. In April 2015, Ben developed breathing difficulties and was taken to Bristol Royal Hospital for Children, where doctors diagnosed human metapneumovirus (hMPV), a respiratory infection.

Ben's condition declined rapidly. On 17 April, he suffered two cardiac arrests and died in the paediatric intensive care unit. He was just eight weeks old.

What followed was a decade of institutional defensiveness, withheld clinical records, and a disturbing lack of transparency that compounded the family's grief immeasurably.

The Cover-Up

Immediately after Ben's death, his parents were told that no postmortem examination was needed as the cause of death was "straightforward." Doctors recorded acute respiratory distress syndrome (ARDS), hMPV, and prematurity on his death certificate, and his body was cremated.

But several weeks later, Jenny and Allyn were told something that changed everything: Ben had also had a bacterial infection — pseudomonas — that had not been disclosed to them.

"You're signing a death certificate, you're telling us there's no postmortem needed, but you're doing your own investigations after death."
— Jenny Condon

Troubling evidence that surfaced during the second inquest included suggestions that tissue samples may have been taken from Ben after he died — presumably for testing — even though his parents were told no postmortem was needed.

The Fight for Truth

The first inquest in 2016 concluded that two respiratory illnesses and prematurity caused Ben's death. But the Condons refused to accept this incomplete picture. They continued to press for answers.

In 2017, University Hospitals Bristol and Weston NHS Foundation Trust admitted that a failure to give Ben antibiotics in a timely manner for the bacterial infection contributed to his death.

In 2021, the NHS Ombudsman delivered a damning verdict: Ben died after "a catalogue of failings" in his treatment, and there had been an attempt to "deceive" his parents. Following this, the High Court quashed the conclusions of the first inquest, paving the way for a fresh hearing.

The Second Inquest

The two-week inquest at Avon Coroner's Court concluded in February 2025. Assistant Coroner Robert Sowersby backed the Condons' belief that the original death certificate and first inquest conclusion were incomplete.

The coroner ruled that a pseudomonas bacterial infection, in addition to the respiratory illnesses and prematurity, caused Ben's death. Crucially, he found that:

  • Ben should have been given antibiotics by 16 April at the latest
  • If antibiotics had been administered, the pseudomonas infection would not have entered his bloodstream
  • Medical staff had a "patronising approach" to Ben's parents
  • Jenny and Allyn were not told what was going on or involved in important decisions
  • Some hospital staff did not do all they could to help objectively assess what happened
"A lot of mistakes were made. The actions of various employees who were involved in Ben's care or in subsequent investigations understandably aroused suspicion and contributed to the family's inability to believe anything they were being told."
— Assistant Coroner Robert Sowersby

The Human Cost

The toll on Ben's family has been devastating. Jenny has spoken publicly about attempting to take her own life and suffering from post-traumatic stress disorder.

"It has destroyed me. I'm a broken woman. I'm in constant fight or flight."
— Jenny Condon

Allyn, a former Olympic athlete, spoke about how their precious memories of Ben had been taken away by the trust's approach over the past decade:

"Up to the point he went into Bristol, Ben was a very well baby. We had good memories of Ben. Over the 10 years since, they've evaporated those good memories, they've taken every good memory."
— Allyn Condon

Our Role

New South Law represented the Condon family at the second inquest. Our head of inquests, human rights and fatal negligence, Mary Smith, led the legal team.

"For 10 years, this family has faced institutional defensiveness, withheld clinical records, and a disturbing lack of candour from the trust. The psychological harm caused by the trust's actions is profound — and entirely avoidable. These parents simply wanted the truth."
— Mary Smith, New South Law

What Happens Next

The Condons will ask the Human Tissue Authority to investigate whether tissue samples were taken from Ben after his death without their knowledge or consent. If the Authority believes samples were taken unlawfully, the family will ask for the findings to be referred to the police.

This case stands as a testament to what bereaved families can achieve when they refuse to accept incomplete answers. As the coroner concluded: "I hope that perhaps Ben's family can take some tiny element of pride in what they have achieved in their battle for the truth."

Timeline

February 2015

Ben born prematurely

April 2015

Ben dies aged 8 weeks

2016

First inquest concludes

2017

Trust admits antibiotic failure

2021

NHS Ombudsman finds "catalogue of failings"

2021

High Court quashes first inquest

February 2025

Second inquest concludes with truth

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