Sterilisation case settled for €200,000

The woman who became pregnant with her sixth child after a sterilisation procedure, during which a vaginal dilator was left inside her, has settled her action for damages for a sum believed to be more than €200,000.

Theresa Tobin (41), who suffers with thrombosis, had a sterilisation operation after being advised that another pregnancy could risk her life.

However, she later became pregnant with her sixth child, and a vaginal dilator was also left inside her after the procedure, resulting in severe pain and infections requiring hospitalisation, the High Court heard.

Ms Tobin and husband Patrick (44), of Clonakilty, Co Cork, had brought an action for damages arising from the sterilisation carried out on her at the Erinville hospital, Cork, on August 10th, 1999.

She claimed her life has been a "nightmare" since the failed sterilisation procedure.

The action was against the Southern Health Board, Dr Vincent Fenton, a consultant obstetrician-gynaecologist, and Dr Ashraf Aziz, a locum registrar at the Erinville Hospital at the time, and Dr Yahya Kamal.

The defendants had admitted liability subject to a plea of contributory negligence. They pleaded that Ms Tobin had failed to take measures to avoid pregnancy following the sterilisation procedure.

The case opened on Thursday before Mr Justice Diarmuid O'Donovan and was expected to last two weeks, but was settled yesterday afternoon.

Before the settlement, Ms Tobin had become visibly upset in the court as she gave evidence, and the court rose for 30 minutes.

When it resumed, the judge was told the case had been resolved.

Mr Justice O'Donovan said he was delighted to hear that.

Before leaving the witness box, Ms Tobin thanked the judge "for being so understanding and kind to me".

The judge said he wished her and her family well in the future.

In evidence she had told her counsel, Henry Hickey SC and Dr John O'Mahony SC, that on August 13th, 1999, three days after her sterilisation operation, she passed the dilator while in the toilet.

She was shocked and alarmed and was brought straight away to Erinville Hospital by her sister.

"I met a nurse at the entrance," Ms Tobin said. "She saw the instrument in my hand. She told me it was a dilator.

"I didn't know what it was until then."

Ms Tobin said Dr Aziz, who had carried out the sterilisation procedure, was present and asked her for the instrument.

Her gynaecologist, Dr Fenton, who had advised her to have the procedure, apologised to her over the instrument being left inside her but also said the sterilisation was "perfectly done".

Ms Tobin said she was in a lot of pain and felt very isolated.

"I didn't know what was going to happen to me. I was very frightened. I was in terrible, terrible pain," she said.

"I didn't know who I could trust. I was a nervous wreck," she added.

She was transferred to Cork University Hospital because she felt she could not stay in the Erinville hospital.