Augustus Cullen Law recently succeeded in settling a claim on behalf of a 47 year old lady who had suffered permanent injuries to her bladder as a result of negligence on the part of her surgeon in carrying out her hysterectomy. Liability was admitted by the Defendant, her surgeon, one week before the trial date.
The Plaintiff had undergone a hysterectomy in August 2011 as she suffered from heavy periods. She was informed postoperatively that the operation had gone very badly, that one of her ovaries had had to be removed due to endometriosis and that her bladder had been cut. The Plaintiff was brought under the care of a Consultant Urologist and underwent a cystoscopy which confirmed a posterior wall hole with the bladder sutured into the vault. The Plaintiff required extensive and complicated surgery to re-implant both of her ureters and repair the defect in her bladder. This surgery necessitated the removal of her other ovary and as a consequence she was required to commence HRT.
The basis of the Plaintiff’s claim was that the Defendant was negligent in cutting her bladder during the hysterectomy and in failing to recognise and repair same at the time.
The Plaintiff thereafter required a number of urological interventions and remains under the care of a Consultant Urologist. The Plaintiff has undergone a great number of procedures under general anaesthetic, including a large number of cystoscopies, a rectocele repair, bladder sling procedure, subsequent removal of bladder sling, insertion of a pessary and further rectocele repair.
The Plaintiff continues to complain of back pain, increased urinary frequency with urge and stress incontinence. Her bladder is now of reduced capacity and she has significant scarring both of her bladder and her vagina. She is required to self-catheterise in order to pass urine and suffers nocturia. The Plaintiff was unable to return to work following her hysterectomy and the cumulative effect of her injuries required her to retire from her employment.
The matter was specially fixed for trial and prior to the matter being called on settlement negotiations took place which resulted in the settlement of the matter for a €700,000 plus costs.
23 July 2015