Piarais Neary acted for a client who during a procedure in April 2021 at a Dublin Medical Clinic for the insertion of a mirena uterine device was caused to suffer significant pain as a result of the perforation of the coil through the uterus. 

The client immediately experienced pain during the procedure and had to attend a Dublin maternity hospital in the immediate aftermath in order for laparoscopic surgery to be carried out to have the device located and removed. Due to the surgery the client was left with two scars on her abdomen. 

The client contacted the office in the aftermath of the procedure in order to investigate if she could pursue a claim for the traumatic experience she had suffered.

We took up the client medical records and briefed a gynaecologist in the UK in order to provide an expert opinion as to whether any negligence issue and causation issues arose with her treatment. 

It was found by the Gynaecological expert that the medical centre had failed ;

  • To carry out an adequate assessment of our client prior to attempting to insert the replacement coil.
  • A failure to insert a uterine sound to establish the position of her uterus and the length of the uterine cavity prior to attempting the insertion of the coil.
  • A failure to respond to our clients complaints of significant sharp pain during the course of the attempted insertion of the Mirena coil and an alleged failure to consider at all that it had pierced through the wall of her womb.
  • A failure by the Doctor to have consent forms signed in advance of the procedure.

In consultation with our client and Junior Counsel we issued High Court Proceedings on our clients behalf. 

The Medical Centre denied liability and initially fully fought the case. We got the case on for hearing within 9 months of the High Court Proceedings issuing. 

On the day of the hearing of the case , the Defendants settled the matter for a five figure sum and read out an apology in Court to our client. 

The client was delighted with the outcome of the case but annoyed that the clinic had fought the case up until the trial date.