A HUSBAND and wife who sued a consultant over alleged “life-threatening injuries” suffered by the woman as a result of an infection following a surgical procedure have settled their High Court action. The settlement was without admission of liability.
Nodhlaig Davern (37), who was diagnosed as having the flesh-eating disease (necrotising fasciitis), had sued Mark Skehan, a consultant obstetrician and gynaecologist, over a laparascopy, a surgical procedure to examine the abdominal or pelvic organs, performed on her in October 2002.
Ms Davern and her husband Patrick, of Glenavon, Ballyhea, Charleville, Co Cork, had attended Dr Skehan, Pery Square, Limerick, for fertility treatment. They alleged negligence and breach in relation to performance of the laparascopy.
On the third day of the High Court action Mr Justice Vivian Lavan was told, following discussions between the parties, the matter had been settled and could be struck out. No details of the settlement were revealed.
In her action, Ms Davern claimed Dr Skehan should not have proceeded with the laparascopy because of a previous failed attempt to carry out the procedure on her in 1997 and because she was overweight at the time. She also claimed an alternative procedure was readily available.
She also claimed he failed to warn her of the risks prior to the procedure and used a technique that resulted in a large incision which became bruised and infected. Due to the injuries to her stomach, she claimed she has been advised not to become pregnant and has lost the opportunity to have children.
Patrick Davern claimed he was severely traumatised as a result of witnessing his wife being seriously ill in hospital for more than two months and was also upset he cannot have a child with his wife.
The claims were denied. Dr Skehan denied negligence and pleaded that what happened to Ms Davern occurred as a result of complications arising from the procedure he performed. He claimed the procedure was performed “appropriately” and “without any want of care” on his part.
The court had heard that, on October 18th, 2002, Ms Davern underwent a laparascopy and dye test at Limerick Regional Hospital under the care of Dr Skehan. She was released the following day, but she fell ill.
On October 20th she was re-admitted to hospital, and was in a state of septic shock, and was diagnosed as having the flesh-eating disease. She was placed in intensive care, required further surgery and was released from hospital in mid-December 2002.