A mum of twin boys was awarded £500,000 damages after being left infertile following fibroid removal surgery. She had undergone the procedure to help improve her chances of having more children.
Part of the compensation claim included costs for surrogacy in the USA and the settlement allowed for a single round of surrogacy.
The claimant, ‘C’, had endoscopic fibroid resection at Guy’s Hospital when she was aged 36. Fibroids are non-cancerous growths in or around the womb. In severe cases, surgical removal is recommended, particularly for women who want to have more children.
During the surgery, C’s bowel and uterus were both perforated but this was undetected at the time by the surgical team. Faecal leakage from the bowel spread into C’s abdomen, causing infection that led to sepsis. C needed more invasive abdominal surgery and a bowel resection, resulting in a stoma. This wasn’t reversed for nearly two years.
Due to the scarring to her womb (Asherman’s syndrome), C was unable to carry a pregnancy and egg retrieval would be dangerous. C alleged that she had entered premature menopause which was disputed by the defendant. The defendant also argued that, statistically, C’s eggs wouldn’t have been viable at her age even had the initial fibroid surgery been carried out without complications.
However, C’s solicitor, Caroline Moore, worked with a reproductive medicine expert who gave the opinion that it was the pelvic adhesions sustained by C as a result of the surgery that led to premature reduction in ovarian reserve. But for the surgical complications, C’s position was that she would have been a candidate for IVF assisted further pregnancy.
As well as fertility issues, C has been left with chronic pelvic pain and adhesions to her pelvis and bowel. To improve the scarring to her abdomen caused by the subsequent surgery, C underwent a tummy tuck procedure as well as a hernia repair.
She also suffered PTSD for which she has had counselling.
The claim settled in December 2023 out of court. A breakdown of damages was given as £150,000 general damages (pain and suffering) and £350,000 special damages (financial losses) which included the surrogacy costs.
