Woman awarded €100k after failed sterilisation operationFriday 01 February 2013 23.12
The High Court has awarded €100,000 to a Limerick woman who underwent a failed sterilisation operation and who later gave birth to a baby boy who died.
Karen Hurley Ahern sued the Health Service Executive and her consultant gynaecologist claiming the sterilisation was negligent.
Mr Justice Sean Ryan said Ms Hurley Ahern and her husband had gone through pain, suffering, loss and damage in a variety of ways due to the negligence of the defendants.
He said the course of their lives was irrevocably altered by the pregnancy.
Ms Hurley Ahern, 41, of Assumpta Park, Newcastle West, Limerick, and her former husband, Garret Ahern, are the parents of two girls.
She has a genetic blood clotting condition, which leads to a greater risk in pregnancy for her and her baby.
In 2000, she agreed with her GP that she should have a sterilisation to prevent future pregnancies.
The operation was performed by Dr Victor Moore at Tralee General Hospital on 8 February 2001.
In April 2002, Ms Hurley Ahern was shocked to find she was pregnant.
Her son, Samuel, was born in October at 34 weeks by emergency caesarean.
He had severe physical defects and died at six months. His condition was not caused by the sterilisation.
Mr Justice Sean Ryan said the question of liability was whether the operation was carried out properly.
The defendants denied the claims.
A claim for damages by Mr Ahern was refused.
Dr Moore was very ill and was unable to give evidence.