Campbell Fitzpatrick Solicitors acted on behalf of a lady who underwent a sterilisation in 2002. Before undergoing the procedure the Plaintiff discussed sterilisation options which were available including laparoscopic sterilisation and hysteroscopic sterilisation. The Plaintiff was advised that the hysteroscopic sterilisation method was “100% effective”. The Plaintiff was advised that as the procedure was performed it would be necessary to return to hospital within three months to check that the devices were in the correct position. The Plaintiff underwent the procedure in July 2002. Three months later she was given the all clear.
In November 2003 the Plaintiff was diagnosed with either an ectopic pregnancy or a failed pregnancy in the uterus. The Plaintiff was advised that she was required to undergo a further procedure to exclude an ectopic pregnancy. On that date the device was discovered to be incorrectly positioned and as a consequence of same the Plaintiff had become pregnant. The Plaintiff therefore issued proceedings against the hospital trust responsible for her care. Proceedings were issued in September 2006. The matter was set down for hearing on 19th January 2008 and the case was listed, before the High Court commencing on 1st December 2008. On the eve of the hearing the case settled between the parties, without admission of liability on the part of the Defendant, in the sum of £20,000 plus full costs. The Plaintiff therefore recovered £20,000 by way of damages.