A woman has been awarded €600,000 damages by a High Court judge after he found her life “transformed and degraded” as a result of a symphysiotomy procedure at Our Lady of Lourdes Hospital in Drogheda.
Tracey Nelson (45), a mother of two from Navan, Co Meath, had told the court she endured severe pain and has never recovered from the symphysiotomy.
Mr Justice Iarfhlaith O’Neill said he had “no doubt” the “primary cause” of the destruction of Ms Nelson’s “happy and positive experience of life” was the symphysiotomy and the “terrible consequence” of it. Prior to that, she was a competent young woman who had enjoyed a wide range of athletic and social activities, he said.
A symphysiotomy is a procedure used to effect a dramatic increase in the size of the pelvic outlet to permit delivery of a baby. The cartilage of the area where the pubic bones meet is surgically divided.
Ms Nelson had sued the HSE, claiming the hospital was negligent in the management of her treatment during the course of her pregnancy in February 2000 in its failure to diagnose physical dysfunction known as SPD.
Defendant denied claims
She alleged the HSE failed to take the necessary precautions to prevent that condition advancing to a symphysiotomy during the delivery of her second child Joshua, who was born on February 24th, 2000.
The defendant denied the claims.
The judge ruled that the standard of care provided by medical professionals at the hospital to Ms Nelson “fell substantially below” that required and she was entitled to compensation for the damage caused.
Awarding €591,297 damages, he said her life “had been transformed and degraded as a result of her suffering this condition”. He said Ms Nelson, who worked as a chef, has been unable to work due to the pain while her personal life and health also suffered. She had developed fibromyalgia where she had constant pain in her muscles and joints and also suffers depression.
Marriage collapsed
The court was told her marriage broke up and, due to the pain, she also began to consume alcohol heavily.
She underwent surgery to stabilise her condition in 2004 and had a spinal cord stimulator fitted in 2007 which resulted in her being relatively pain free since. That device will need to be replaced.
The judge said he was satisfied from the medical evidence there was a failure to diagnose SPD on February 2nd when she presented at the hospital with pain in the pelvic area.
Had that diagnosis occurred then steps would have been taken to avoid the risk of SPD progressing to a symphysiotomy, he said.
“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.
He was also satisfied the doctors and midwives who attended Ms Nelson were “oblivious” to her SPD condition and took no precautions during the course of her labour.