Woman Awarded Compensation for Injuries from Symphysiotomy

by | Mar 12, 2013

A woman, who underwent a symphysiotomy procedure at Our Lady of Lourdes Hospital in 2000, has been awarded €591,297 compensation for injuries from symphysiotomy by the High Court.

Tracey Nelson (45) from Navan in County Meath underwent the procedure prior to the delivery of her second child, when medical staff at Our Lady of Lourdes Hospital in Drogheda failed to correctly diagnose the symptoms of symphysis pubis dysfunction (SPD).

After suffering for many years with the physical discomfort from the symphysiotomy, Tracey underwent surgery in 2004 to stabilise her condition and again, in 2007, had to have a spinal cord stimulator fitted – since when Tracey has been relatively free of pain.

However, as Tracey related to Mr Justice Iarfhlaith O’Neill at the High Court, she has also suffered emotionally due to the negligence of the medical staff who failed in their duty of care to manage her pregnancy.

Tracey told the court she had developed fibromyalgia – where she had constant pain in her muscles and joints – and due to the pain, started to drink alcohol heavily. This resulted in 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 there was a failure to diagnose SPD on February 2nd 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 injuries was the negligence of the HSE and “terrible consequences” of it. “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 €591,297 in compensation for injuries from symphysiotomy, Mr Justice Iarfhlaith O’Neill said that he was also satisfied the doctors and midwives who attended Ms Nelson were “oblivious” to her SPD condition and consequently took no precautions to prevent the risk of avoidable injury during the course of her labour.

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