The widow of a man whose product liability claim was settled before his death has been denied the right to bring a second clinical negligence claim arising from the same injury.

His Honour Judge Grimshaw ruled in Ritchie v Royal Wolverhampton NHS Trust that the court should grant summary judgment against the claim because the previous settlement agreement had been full and final.

The late Brian Ritchie had contracted mycobacterium chimaera infection from a contaminated heater cooler unit during heart surgery at the Royal Wolverhampton in 2015. His claim against the manufacturer was settled for £250,000 in 2022. Ritchie died around two months after settlement was agreed.

In her claim, his widow Angela said she had become aware of the hospital’s alleged failings only following the inquest. The 2022 settlement, she submitted, was on the understanding there was only one tortfeasor, and if there was even a £1 shortfall in the recovery of damages then a further claim should be possible.

The hospital argued that Ritchie had obtained a good enough outcome and so the court could be satisfied that he received full satisfaction for his loss and, as such, would not have been able to claim ‘in life’ for any further damages.

The settlement agreement included a provision that it was ‘full and final’ and the hospital argued that the wording of the clause released the company from any fatal accident claims and incorporated all losses. The hospital told the court that where a claimant had pursued to judgment or settlement a claim for damages for an injury which subsequently proved to be fatal, their dependants had no right of action under the Fatal Accidents Act 1976.

The judge rejected the submission that the claimant became aware at the inquest of alleged failings by the hospital. He pointed out that Angela Ritchie and her daughter attending a consultation with the hospital in 2021 and further discussions with doctors over the following months.

The judge also concluded that the settlement agreement ‘clearly excluded’ any further claim under the Fatal Accidents Act. He added: ‘Even taking the claimant’s case at its highest, I am satisfied that the deceased obtained full satisfaction for the tort within his lifetime and therefore would not have been able to maintain an action against the defendant during his lifetime.’

The judge ended his ruling by quoting Lord Hope’s warning in Jameson & Anr v Central Electricity Generating Board that ‘the principle of finality requires that there must be an end to litigation’.