J.H. –v– S.J.H.
On the 4th of June 2013 Augustus Cullen Law succeeded in settling a claim on behalf of a 42 year old lady who suffered significant injuries following surgery for an elective hysterectomy in October 2008. The Plaintiff alleged that during said surgery her bladder was negligently injured leading to a vesico-vaginal fistula and urinary incontinence. Despite the fact that the Plaintiff attended on various occasions at hospital following the hysterectomy, complaining of symptoms including pain and urinary incontinence, the vesico-vaginal fistula was not recognised and repaired until December 2008. As a result of both the elective hysterectomy surgery and the repair surgery, the Plaintiff was ultimately left with an acontractile bladder and was initially required to attempt self-catheterisation which caused her to have significant pain and recurring infections.
Due to the Plaintiff’s inability to self-catheterise on a long term basis, she had to undergo a procedure for ileal conduit diversion which left her with a permanent stoma and a urostomy bag, effectively bypassing her bladder. The Plaintiff’s claim included a claim for long-term neuropathic pain which, it was alleged, resulted from all of her surgeries.
In addition to her physical injuries, the Plaintiff alleged that she had suffered adverse psychological injuries due to the surgeries, her ongoing pain and the difficulties associated with a permanent stoma and urostomy bag.
Liability was not admitted in the case but a Mediation Meeting was arranged between the parties for the 4th of June 2013, three weeks before the date for which the matter had already been specially fixed for trial. Expert reports were exchanged prior to this Mediation and although liability remained at issue, the Plaintiff’s team were very confident of succeeding in proving same should the matter proceed to trial, as the Plaintiff’s reports on negligence and causation were strongly supportive.
The total award of €475,000.00 included an award of just over €300,000.00 for general damages for pain and suffering with the balance relating to both the Plaintiff’s past medical expenses and the significant medical expenses she would incur into the future.
If you have any further queries, please contact any of the following from our medical negligence group:
- Joice Carthy, Partner
05 July 2013