The High Court has awarded a mother €100,000 compensation for a failed sterilisation after the son she was never supposed to give birth to died after only six months of life.
Karen Hurley-Ahern (41) from Newcastlewest, County Limerick, underwent the sterilisation procedure in February 2001 after discovering from her GP that she had a rare blood-clotting disorder that would pose a risk to herself and her unborn child if ever she were to fall pregnant again.
The operation was performed by gynaecologist Dr Victor Moore at the Tralee General Hospital in County Kerry, but in April 2002 Karen fell pregnant again and, after a difficult pregnancy, gave birth to baby Samuel on 10th October 2002 – six weeks early and by emergency Caesarean section.
Samuel suffered from severe abnormalities which were unrelated to Karen´s sterilisation procedure, and remained in hospital for six months – kept alive by a series of life -support machines. In April 2003, Samuel suffered a severe heart attack and Karen and her partner – Garrett Ahern – made the painful decision to switch off the life-support machines.
After seeking legal advice, Karen and Garrett made a claim for failed sterilisation compensation against Dr Moore and the Southern Health Board (now the Health Service Executive), for the suffering and trauma the couple had been through due to the unsuccessful procedure.
Dr Moore and the HSE denied liability – claiming that the procedure had been performed correctly and the couple had been warned that there was a risk of failure. However, in the High Court in Dublin, Mr Justice Sean Ryan found in favour of the now-separated claimants – acknowledging that Samuel´s disability was not a consequence of the failed sterilisation procedure, but stating that Karen had suffered to a significant extent due to the defendant´s negligence.
Awarding Karen €100,000 compensation for a failed sterilisation, Mr Justice Sean Ryan said that the award of compensation was in respect of the worry she had experienced when she discovered she was pregnant, the pain of childbirth, the distress of Samuel´s condition and distress after his death. However, no award was made to Garrett as – according to Mt Justice Sean Ryan – while he had undoubtedly endured emotional anguish, there was no proof Garrett had suffered a defined psychiatric injury.