Failed Sterilisation

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In 2006, Tilly and her husband decided they did not want to add further to their family, and a sterilisation procedure was planned.

Tilly and her husband Mark already had two children together, and also looked after her husband’s severely autistic son from another relationship. Although she was only twenty-eight, both felt their family was complete. This decision was strengthened by the realisation that another child would have made things difficult, not only because they were on a modest income, but also because Mark’s autistic son needed a lot of care and attention.

After seeking assistance from her GP, Tilly was referred a to a consultant gynaecologist at the local hospital. During this appointment she was told of the risks of sterilisation, which included suffering an ectopic pregnancy, and having her fallopian tubes spontaneously reconnect. Tilly was not informed, however, that she could get pregnant naturally or give birth to another child.

On 6th April 2006, Tilly was admitted to hospital for a ‘laparoscopic sterilisation’, in which Filschie clips were to be attached to each fallopian tube. She was discharged from hospital, made a good recovery, and returned to her job as a cleaner.

However, eight months later Tilly began to experience pelvic pain. She returned to the consultant gynaecologist who carried out a pregnancy test, which came back positive. Tilly and her husband were devastated by the news, but felt strongly against having a termination. They therefore continued with the pregnancy, and Tilly’s third son was born in September 2007.

She subsequently underwent another sterilisation. During this second procedure the treating surgeon noted that one of her fallopian tubes was absent of a Flischie clip. Thus Tilly’s first sterilisation had been negligently performed, causing an unplanned pregnancy and birth. This in turn put huge strain on Tilly and her family, both financially and emotionally. In particular, Mark’s autistic son found it very difficult to adjust to the change, which has put their marriage under huge pressure.

Although Tilly filed a complaint against the hospital in question, she was not happy with the response and she contacted Glynns to see if she could take any other action. Glynns commenced a claim against the NHS Trust responsible for the hospital. While they did not admit liability for the failed sterilisation, we negotiated a settlement and Tilly was awarded £12,500 compensation.

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