Family of 'much-loved Dudley wife, mom and nan' who died after surgeon tore her colon consider taking case to High Court for judicial review

Yvonne Tolley, a “warm and gentle” mother-of-three and grandmother-of-12, died after her surgeon at Royal Shrewsbury Hospital (RSH) caused a fatal colon tear.

During an inquest into her death at Shropshire Coroner’s Court, Guildhall, Shrewsbury, Mrs Tolley’s family were told by a senior medic that “sometimes, complications are unavoidable”.

Heath Westerman, deputy coroner for Shropshire, Telford and Wrekin, recorded a conclusion that Mrs Tolley died of recognised complications following necessary surgery. 

He opted not to write a Prevention of Future Deaths report, which is written when a coroner identifies something that, if addressed could stop deaths from happening in future.

Now Mrs Tolley’s family have said they are planning to take the case further by pursuing a Fatal Accidents Act claim and county court proceedings against Shrewsbury and Telford Hospitals Trust (Sath) for data disclosure.

They have also said they are considering seeking a judicial review.

The family say they have concerns about the time it took Mrs Tolley to be taken into surgery and issues around the consent form for her surgery.

“This is not about attacking individuals,” Mrs Tolley’s family said in a statement. “It is about ensuring that serious concerns arising from sworn evidence are properly examined and that patient safety learning takes place where necessary.

“We never wanted to take legal action simply to obtain information about our mum’s death. We simply wanted answers.”

The coroner’s court was told during the inquest that Mrs Tolley, from Dudley, West Midlands, died at RSH on the day before her 64th birthday after her bladder and colon were damaged during an exploratory surgery.

She had a gastric bypass in May 2024 to aid weight loss and help improve numerous health conditions she suffered from.

However, she suffered persistent sickness and pain since that operation, so surgeon Mr Michel Riera carried out a laparoscopy at RSH on January 30 last year to try and diagnose the cause.

He found numerous “adhesions” - where tissue and organs can stick together - so divided them. However, a tear to Mrs Tolley’s bladder was caused. 

Mr Riera fixed the bladder tear under the observation of a consultant, but an injury to Mrs Tolley’s colon had also occurred and gone unnoticed before he sewed her up.

Mrs Tolley became seriously ill two days later and was rushed into emergency surgery, before being put in intensive care. She died on February 4 at the hospital at 2pm.

Her family claim that Mrs Tolley did not consent to the adhesions being removed, and she should have been consulted before that went ahead.

Mr Riera said during Mrs Tolley’s inquest that it would be usual practice, when carrying out a diagnostic procedure, to fix any problems there and then if anything is found, rather than stitch the patient back up, tell them what the issue is and ask if they agree to another procedure.

Dr Stephen McKew, deputy medical director for Sath, said he chaired a meeting of medics looking into Mrs Tolley’s death.

He said that it was accepted that the colon injury was caused during Mr Riera’s surgery, but said: “The surgery is a risky procedure and sometimes there will be complications that are unavoidable.”

Ms Emma Hamilton, a consultant colorectal surgeon who operated on Mrs Tolley after Mr Riera to try and save her, said that instruments used to move a part of the bowel out of the way during an operation can cause injuries.

She said that sometimes it can just be the outer layer that is perforated initially, before becoming more severe later and eventually becoming a full thickness tear.

Mrs Tolley’s family had concerns that it took around three hours for medics to operate on her after realising something was seriously wrong.

Ms Hamilton, who was on-call and went to the hospital at short notice to operate on Mrs Tolley, said that despite anaesthetists being busy in another operation before being able to attend to her, the other checks and medical interventions needed beforehand meant she did not consider there had been a “delay” in the procedure going ahead.

Nurse Lisa Walker said that while Mrs Tolley was in hospital she was receiving more frequent observations than her vital signs suggested she should have had, and that there was no evidence to suggest her condition had gradually deteriorated.

After the hearing, the family said in a statement: “Our mom, Yvonne, was a much-loved wife, mom and nan. She was warm, kind and very family-focused, with a wide circle of friends, and she always put others before herself.

“She was the heart of our family. She had three children and twelve grandchildren, who she adored beyond words. Being a mom and a nan was everything to her, and she found her greatest joy in simply being surrounded by her family.

“She lived in Upper Gornal, Dudley, which she truly considered home. She grew up nearby in Blackheath and went to Earls High School, and she always felt a strong connection to the area and the people in it.

“Although her health and disability affected her life in later years, it never defined her. She was warm, gentle, and incredibly kind.  

“The sort of person who always put others first, remembered birthdays, checked in on people, and made everyone feel cared for. She was deeply loved, and her loss has left an enormous hole in our family and in the lives of those who knew her and called her a friend.

“Before her health problems, Mom was active and sociable, but over time she became increasingly affected by her disability. 

“Like many people, she had always been conscious of her weight and tried different ways to manage it, but as her mobility became more limited, this became much harder for her to control.

“Mom chose to undergo a gastric bypass in the hope of improving her health and quality of life. She approached it positively, believing it would help her feel better physically and allow her to enjoy life more fully with her family.

“Sadly, after the bypass she continued to struggle. She experienced ongoing pain and sickness that never really settled, and over time this took a huge toll on her physically and emotionally. She was repeatedly unwell and remained under ongoing medical review.

“In that context, Mom underwent further investigations. What followed has devastated our family.

“Over the course of the inquest, we heard in detail what happened during Mom’s surgery and in the days that followed. 

“Hearing that evidence in full, including what was said in court, has been incredibly upsetting, but it was important for us to finally have everything laid out openly.”

In response to the Tolley family’s intentions to take the case further, Dr McKew said on behalf of Sath: “We would like to offer our sincere condolences to Mrs Tolley's family.

“We are committed to delivering the highest quality care and being open and transparent with patients and their loved ones. We will continue to liaise with the family and are making every effort to disclose the information we can. We are unable to comment further on individual cases.”