Two children born after 'sterilisation'

A mother of seven children and her now estranged husband have brought a High Court action for damages after the woman gave birth to two children in the two years immediately after she underwent a sterilisation operation at Dublin's Coombe hospital.

The action is the first here where the substantial cost is sought of rearing to adulthood children born after sterilisations. The couple claim they should receive the same costs as would be incurred if the two children were raised in foster care.

The Coombe has denied negligence and also argues it would be "contrary to public policy" to award money for the cost of rearing children born following sterilisation procedures.

The action is proceeding against the Coombe and issues relating to any alleged liability of Dr Cathal Murray, the now retired consultant obstetrician who performed the sterilisation procedure, will be decided later. Dr Murray is seeking to be indemnified by the National Medical Union in relation to any claim.

The proceedings have been brought in two separate actions by Bridget Byrne, Lee Drive, Kilcullen, Co Kildare, and her husband Daniel, arising from the sterilisation procedure carried out on Ms Byrne at the Coombe hospital on December 16th, 1999. Both cases are being heard together by Mr Justice Peter Kelly and are expected to run for several days.

The case arose after Ms Byrne gave birth to a daughter in September 2000, and to a son in August 2001. Harry Whelehan SC, for the Byrnes, said the action was to compensate Ms Byrne for the physical and emotional cost to her of a failed sterilisation resulting in two difficult pregnancies and to compensate them for the financial cost of rearing both children to adulthood. Economically, the Byrnes could not afford the additional financial cost resulting from the failed sterilisation. Ms Byrne had a second and effective sterilisation procedure performed by Dr Peter Boylan. Because of the circumstances of the first procedure, Dr Boylan made a video of the operation which showed that clamps had not been placed on the left fallopian tube, meaning the sterilisation was not complete and there had been a failure to do it properly.

Mr Whelehan said Ms Byrne had had five children by the age of 25 and she and her husband were struggling, in poor circumstances, to raise their family. Mr Byrne was a technician in a factory while his wife did some housekeeping jobs and also worked in a mushroom factory for a time.

In 1980, Ms Byrne had a miscarriage, followed by an ectopic pregnancy in 1981 after which her GP had advised her to consider sterilisation. After some counselling, this was considered inappropriate given her then young age.

In 1997, she was involved in a road accident and suffered back problems and depression. She was again advised by her GP in late 1998/1999 to consider sterilisation on grounds of her health, back problems and her social and economic position, Mr Whelehan said. She was referred to the Coombe's family planning division, had counselling and discussed the matter with her husband. She had a sterilisation or tubal ligation on December 16th, 1999.

Mr Whelehan said the surgeon was satisfied and Ms Byrne went home and thought no more of it.

On February 10th, 2000, she suffered abdominal cramps which she thought arose from her ectopic pregnancy. However, in March, she was in extraordinary pain and was diagnosed as pregnant. Mr Whelehan said she was in "a state of disbelief". She had a difficult pregnancy and in the later stages had to use crutches. Her daughter was born on September 1st, 2000, after a difficult birth.

Ms Byrne also experienced huge guilt because of her mixed feelings over the pregnancy but had adjusted and her daughter was a much-loved member of the family.

During that pregnancy, Ms Byrne went to the Coombe and was assured the clamps on her tubes were in the correct place. She was also told that she must have been pregnant when the sterilisation was performed but no tests were carried out to see if the procedure had been effective.

Mr Whelehan said doctors failed to give regard to Ms Byrne telling them then that her last menstrual cycle had begun in early December 1999 and that her next menstrual period was on January 2nd, 2000, two weeks after the sterilisation.

In April 2001, Ms Byrne again discovered she was pregnant. She had another difficult pregnancy and her son was born in August 2001. He suffered respiratory distress at birth and continued to experience respiratory problems.

He too is a much-loved member of the family and a happy and contented child.