A woman from County Limerick has been awarded €100,000 compensation after her claim for a failed sterilisation was resolved at the High Court.
Karen Hurley-Ahern from Newcastlewest in County Limerick underwent a sterilisation operation at the Tralee General Hospital in February 2001 after being told by her GP that she had a rare blood-clotting disorder that would pose a health risk to herself and her unborn child if ever she were to fall pregnant again. However – in April 2002 – Karen discovered she was pregnant and, after a difficult pregnancy, baby Samuel was born by emergency Caesarean section on October 10th
Samuel had been born six weeks prematurely and suffered from severe abnormalities which were unrelated to Karen´s blood-clotting disorder. He remained in hospital for six months, during which time he was kept alive by a life-support machine. In April 2003 Samuel suffered a severe heart attack, and Karen had to make the painful decision to turn off the machine that was keeping her son alive.
Karen and her partner – Garrett Ahern – sought legal advice and subsequently made a claim for a failed sterilisation against the physician who performed the sterilisation procedure – Dr Victor Moore – and the Southern Health Board (now administered by the HSE) to recover compensation for the physical and emotional suffering the couple had experienced due to the unsuccessful operation.
Both Dr Moore and the HSE denied liability for the trauma the couple had been through – stating that the sterilisation procedure had been performed correctly and that the couple had been warned, and accepted, there was a risk of failure. However, Mr Justice Sean Ryan at the High Court in Dublin found in favour of the now-separated plaintiffs – stating that Samuel´s disability was not a consequence of the failed sterilisation operation, but acknowledging that Karen had suffered to a significant extent due to the defendants´ negligence.
Mr Justice Sean Ryan awarded Karen €100,000 compensation in settlement of her claim for a failed sterilisation and said the award was in respect of the worry she had experienced when she discovered she was pregnant, the difficult pregnancy, the pain of childbirth, the distress of Samuel´s condition and further distress after his death.