A woman, who underwent a symphysiotomy procedure at Our Lady of Lourdes Hospital, has been awarded €591,297 symphysiotomy injuries compensation by the High Court.
Tracey Nelson (now 45) from Navan in County Meath underwent the procedure prior to the delivery of her second child in 2000, when nursing staff at Our Lady of Lourdes Hospital in Drogheda failed to correctly diagnose the symptoms of symphysis pubis dysfunction (SPD).
After suffering for years with the physical discomfort caused by the symphysiotomy procedure, Tracey underwent surgery in 2004 to stabilise her condition and again, in 2007, had to have a spinal cord stimulator implanted – since when Tracey has been relatively free of pain.
However, at the High Court in Dublin, Mr Justice Iarfhlaith O’Neill heard that Tracey had suffered emotionally due to the negligence of the medical staff who failed in their duty of care to manage her pregnancy and had developed fibromyalgia – where she had constant pain in her muscles and joints – and, because of the pain, started to drink alcohol heavily. Tracey´s drinking was directly associated with the break-up of her marriage and, in turn, to depression.
Our Lady of Lourdes Hospital denied their liability for Tracey´s injuries, but Mr Justice Iarfhlaith O’Neill ruled that he was satisfied from the medical evidence provided to him by Tracey´s solicitor there had definitely been a failure to diagnose SPD on February 2nd 2000 when Tracey attended the hospital complaining of pain in the pelvic area.
The judge said there was no doubt that the “primary cause” of Tracey´s physical and psychological traumas was the negligence of the Health Service Executive and Our Lady of Lourdes Hospital. “I am quite satisfied that the failures in this regard fell substantially below the standard of care to be expected of doctors practising obstetrics in a maternity unit such as Our Lady of Lourdes in Drogheda,” he said.
Awarding Tracey symphysiotomy injuries compensation totalling €591,297, Mr Justice Iarfhlaith O’Neill said that he was also satisfied that the midwives and doctors who attended Tracey during the delivery of her child were “oblivious” to her SPD condition, and consequently took no precautions to prevent the risk of an avoidable injury during the course of her labour.