Case Studies: Healthcare

£850,000 damages for Impaired Fertility

A 25 year old student recovered £850,000 for injuries she sustained during the course of an operation which was performed in October 2016.

The Plaintiff was admitted to Hospital to undergo a planned procedure for endometriosis (the abnormal growth of the lining of the womb in the abdomen).  During the course of that procedure the Plaintiff sustained an injury to her bowel which was initially not recognised.  Ultimately the bowel perforated and the patient was operated upon as an emergency, several days after the initial surgery.  She underwent a temporary colostomy which was reversed approximately 1 year later.

As a consequence of the substandard care received by her, the patient went on to develop long term injury.  She suffers from urinary and bowel dysfunction including urgency and frequency.  Due to the damage to her abdomen, she has been rendered infertile, and she will require assistance in conception.  She continues to suffer ongoing pain, which is likely to be lifelong.  She is at risk of needing further surgery in future to deal with complications of her earlier injury.  She suffered significant scarring to her abdomen by reason of the repeated surgeries, and unsurprisingly she suffered a psychological injury as a consequence of the difficulties which she has had to overcome.

The Plaintiff instructed Patrick Mullarkey of O’Reilly Stewart Solicitors on 27th June 2017.  Proceedings, alleging medical negligence in her treatment and care,  were issued on her behalf, in the High Court, in May 2018. The healthcare provider, the Trust, admitted that it was guilty of negligence causing personal injuries, loss and damage in the course of the case. The case concluded, on the first day of the hearing, by way of negotiated settlement, in February 2021.  Money damages were paid to the Plaintiff in recognition of her personal injuries and to cover the financial loss that she has suffered, and will suffer, as a consequence of the substandard care. Financial loss comprised care, loss of earnings, university fees and  medical treatment.  In particular damages were recovered to ensure that the Plaintiff will be able to avail of appropriate assistance and fertility care in conception,  in accordance with her intentions.  Likewise she recovered substantial damages to hedge against any potential for loss in future due to interruption of her career by reason of the physical injuries that she has suffered.

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