Man sues over pain since 1989 vasectomy

A father of seven continues to have severe testicular pain and his life is "a misery" following a vasectomy operation in Dublin 17 years ago, the High Court was told yesterday.

Five years after the vasectomy, John Winston (47) underwent a further procedure in the US to remove his left testicle and to this day he continues to have serious pain in his right testis.

Mr Winston's life "became a misery because of the pain", his counsel, Richard McDonnell SC said. While the vasectomy was a success in relation to its primary objective, Mr Winston had fallen into the "unfortunate group" of men who suffer post-vasectomy pain syndrome (PVPS), a condition of severe and persistent pain of an indefinite nature.

Mr Winston claims there was a failure to warn him before the operation that there was a risk of contracting PVPS, or that the operation was "not as simple as it was made out to be".

While he accepts there was no guarantee the operation would be 100 per cent successful, he claims that had he been warned it carried a risk of chronic and persistent pain, he would never have gone ahead with it.

Since the vasectomy, Mr Winston claims he has sought treatment from his GP for constant severe pain, the Mater hospital and the Blackrock Clinic in Dublin, from specialists in Harley Street, and he underwent treatment and surgery in the US. However, the pain persists and he had been told he would have to accept it, the court heard.

Mr Winston's family and business life has suffered, it was claimed. His business was sold, he suffered from depression, developed an alcohol problem, took a drug overdose and received psychiatric treatment.

Mr Winston, Ratoath Avenue, Finglas West, Dublin, is suing Dr Niall O'Leary over the procedure at his surgery on July 15th, 1989.

Dr O'Leary, described as having a speciality in vasectomies, denies negligence or that he failed to advise Mr Winston that the procedure carried a risk of pain or that Mr Winston was not properly counselled. The action opened yesterday before Mr Justice John MacMenamin.

After the opening statement by Mr McDonnell, Finbarr Fox SC, for Dr O'Leary, said the claim appeared to have narrowed since the original statement of claim was delivered. This case had been going on for 17 years and Dr O'Leary was anxious for it be dealt with but he needed to know precisely what was being claimed against him, Mr Fox said.

Mr Justice MacMenamin made a number of directions, including that an amended statement of claim be served on Dr O'Leary by 3.30pm yesterday, and adjourned the action to Tuesday.

Mr McDonnell said it was a negligence case centering around the issue of informed consent relating to a vasectomy performed on Mr Winston on July 15th, 1989, five weeks after the birth of his seventh child.

Mr Winston and his wife sought advice from their GP, who referred them to Dr O'Leary, whom they met on June 29th.

The court was told it would hear Mr Winston say that Dr O'Leary asked them were they sure they wanted a vasectomy and how they would feel if they lost one of their children. He also asked had they any questions.

Mr Winston would say Dr O'Leary said it was a simple procedure lasting about 15 minutes and that the tone of the meeting was of optimism and confidence with no "downside" mentioned.

Dr O'Leary had said the operation was not always 100 per cent successful, that he would have to rest for some days later and there would be some discomfort.

Mr McDonnell said his case was that Mr Winston was told there would be some discomfort, but was not told about pain.

Mr Winston had asked Dr O'Leary were there any side effects and was told there were none, except perhaps a post-operative infection which could be treated with antibiotics.