Consultant was satisfied sterilisation op was success

A RETIRED consultant who performed a sterilisation procedure on a mother of five, who later gave birth to two more children, told the High Court yesterday that, at the time he had completed the operation, he was satisfied that it had achieved its objective.

Had he believed there was any problem in relation to the operation performed on Bridget Byrne, Dr Charles Murray said he would have performed a procedure involving the injection of dye which would have indicated whether the tubal ligation was successful or not. He had not considered that necessary and only carried out the injection procedure in about four of “thousands” of sterilsations during his career.

Dr Murray agreed there is a recognised failure rate for tubal ligations for various reasons, including a clip being placed on something other than the fallopian tube. That appeared to have happened in Ms Byrne’s case, he said.

He had no doubt a clip that he believed closed off the fallopian tube had been placed on a piece of tissue adjoining that tube, he said. He could not explain how this happened and rejected the idea he was not careful.

Dr Murray denied he was negligent but was “very unhappy” the procedure had not achieved the end result. “I regret it,” he said.

Dr Murray was the concluding witness in the action by Bridget and Daniel Byrne against the Coombe Hospital, arising from a sterilisation procedure on December 16, 1999.

After the procedure, she gave birth to a daughter in September 2000 and a seventh child, a son, in August 2001.

The proceedings have been brought in two separate actions by Ms Byrne, of Lee Drive, Calverstown, Kilcullen, Co Kildare, and her husband and involve the first claim here for the substantial cost of rearing to adulthood children born after sterilisations. The couple say the children are much loved members of their family but they are entitled to the cost of rearing them to adulthood, some €354,000.

The Coombe denies negligence and argues it would be “contrary to public policy” to award monies for the cost of rearing children born following sterilisation.

Evidence in the case concluded yesterday. The case was adjourned by Mr Justice Peter Kelly to allow both sides prepare written legal submissions.

The judge will hear oral submissions on March 6 and is then expected to reserve judgment to a later date. After that judgment, the court will address issues relating to any alleged liability of Dr Murray who in turn is seeking to be indemnified by the National Medical Union.