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.
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 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.
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."
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 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 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:
"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."
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."
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."
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."
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."
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
The Guardian • Feb 2025
NHS failings and lawyers have destroyed memories of our baby
Daily Mail • 2025
Double Olympian and wife reveal '10-year hell to get justice'
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