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Paul Trimble as Personal Representative of the Estate of Denis Trimble (Deceased) –v- The Ulster Community and Hospitals Trust

Campbell Fitzpatrick Solicitors were instructed by the Representative of the Estate of Denis Trimble, deceased, in respect of a claim of clinical negligence. Mr Denis Trimble, who was born in 1945 died on 25th September 2003. On 24th September 2003, the day before his death, Mr Trimble developed abdominal pain and felt unwell. He attended his GP who referred him, as an emergency, to the Ulster Hospital in Dundonald. The GP queried whether or not Mr Trimble had suffered an abdominal aortic aneurysm. At the Ulster Hospital he was seen by a surgical registrar. He was examined and discharged with some painkillers and a letter of referral was sent to his GP. On 25th September 2003 the Plaintiff died as a consequence of a ruptured abdominal aortic aneurysm.

The estate of Mr Trimble, deceased, instructed Patrick Mullarkey to advance a case on behalf of the estate. Proceedings were issued pursuant to the Fatal Accidents (NI) Order 1977 and the Law Reform (Miscellaneous Provisions) Act 1937.

Formal proceedings were issued in this case on 5th September 2006. The matter was set down for hearing commencing on Monday 19th May 2007. On the eve of the hearing the Defendant’s representatives admitted that the medical care which had been provided to Mr Trimble at the time of his attendance at the Ulster Hospital was below the standard he was entitled to expect. Specifically the Trust admitted that there was a culpable failure to diagnose the true nature and extent of Mr Trimble’s condition when he attended the Ulster Hospital and that if the true nature and extent of the deceased’s condition had been diagnosed and surgery performed, then it is likely that he would have survived the surgery. This admission, in open correspondence, correlated with the Plaintiff’s expert evidence.

Discussions took place between the parties on the morning of the hearing. Ultimately a settlement in the sum of £22,500 was agreed. The settlement was announced before the court on the aforementioned date.