Woman unlikely to bear children, barrister claims

A 35-year-old woman who underwent surgery at Louth County Hospital in Dundalk is now unlikely to conceive or bear children, her barrister told the High Court yesterday.

Louise McNamee and her partner have made a decision not to attempt to have children, he stated.

Ms McNamee, Faughart, Dundalk, Co Louth has sued a consultant gynaecologist, James Joseph Fallon, and the North Eastern Health Board, arising from an operation at the hospital on May 26th 1997.

Ms McNamee claims she was admitted to the hospital under the care of the defendants for an operation for abdominal pain, including a laparoscopy (internal examination) and biopsy of the ovary.

She claims she sustained a perforated bowel during this surgery.

After the operation, it is claimed she continued to suffer abdominal pain which persisted and her condition deteriorated.

This, she claims, necessitated a further repeat laparoscopy and laparotomy (keyhole surgery) on May 28th, some 60 hours after the first procedure.

She developed peritonitis resulting in septicaemia and had to be admitted to intensive care for six days.

Ms McNamee claims that the hospital failed to diagnose at an appropriate time a bowel injury suffered in the course of the first operation and this resulted in a delay of at least 24 hours in carrying out a subsequent procedure, resulting in her condition seriously deteriorating and her suffering injury, loss and damage.

Opening the case yesterday, John Finlay SC, for Ms McNamee, said that, as a result of what had happened to his client, it would be unlikely she would be able to conceive or bear children. In those circumstances, she was not going to attempt to become pregnant, he said.

Medical experts would give evidence that, as a result of what had happened to Ms McNamee, she would experience considerable difficulty in attempting to conceive, counsel added.

The defendants deny the claims and also plead that the procedures were carried out with Ms McNamee's valid and voluntary informed consent of the adverse risks and consequences associated with the said treatment and procedures.

In evidence, Prof William Thompson of Queen's University, Belfast, said the incidence of perforated bowels during the course of the kind of operation Ms McNamee underwent was one in 400, although some people reported one in 200 cases.

It was a well documented complication, he said.

Prof Thompson said Ms McNamee had been left with very disfiguring scars after the operation.

He told Hugh Mohan SC, also for Ms McNamee, that, on the balance of probabilities, she was unlikely to get pregnant.

She would have to have assisted reproduction treatment and her chances of conceiving would be about 10 per cent maximum, he added.

He would have significant reservations about advising Ms McNamee to get pregnant, the witness added.

The hearing before Mr Justice Eamon de Valera continues today.