Woman who lost kidney following botched hysterectomy gets €260,000

A 47-year old woman who had pain after a hysterectomy operation and later had to have a kidney removed has been awarded €260,000 by the High Court.

Mr Justice Anthony Barr said Margaret Browne underwent a hysterectomy operation seven years ago and sutures were placed in the ureter leading to the left kidney which caused a total obstruction of the ureter.

The judge said the blockage was not identified until a month later and in the years that followed Ms Browne experienced severe pain and discomfort and in 2013 her left kidney was removed.

Ms Browne, of Co Waterford, had sued gynaecologist Peter Van Geene who carried out the operation on April 6, 2010, and Mount Carmel Medical Group (Kilkenny) Ltd, trading as Aut Even Hospital, Kilkenny.

Mr Justice Barr said liability was not in issue.

The judge said that Ms Browne’s case was she continued to experience significant sequelae as a result of the negligent hysterectomy operation and subsequent investigations and procedures carried out in the years after culminating in the removal of her left kidney in 2013.

Ms Browne’s main complaint, the judge said, is of an unstable bladder and she claimed she was disabled in the work aspects of her life.

The defendants, the judge said, accepted Ms Browne suffered a significant injury as a result of the negligence of Mr Van Geene when carrying out the hysterectomy operation in 2010 and that she was subjected to a number of invasive treatments and tests in the three-year period until the kidney removal operation.

The main point of dispute in the case, the judge said, was whether Ms Browne had significant ongoing complaints after the kidney removal operation. The other side, the judge said, contended Ms Browne had gone on to make a good physical recovery and said she set up an online clothing business which continued until November 2016, and had a clothes shop on the quay in Waterford from January 2014 to July 2015.

Ms Browne, it was claimed, had also entered a dancing competition in 2015 and was engaged in organising a fashion show in 2015 but had pulled out because of an ongoing knee injury.

Mr Justice Barr said the court was satisfied Ms Browne was incapable of working from April 2010 to December 2013.

After the judgment was handed down in the High Court, Mr Justice Barr was told €450,000 had been lodged in court in advance of the case. This matter and costs will be decided next week.


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