£170,000 in compensation from NHS trust for unwarranted vaginal mesh surgery

We acted for the claimant in this clinical negligence claim for unnecessary gynaecological surgery against Frimley Health NHS Foundation Trust.

Our client had a history of urinary urgency and frequency with micturition, caused by detrusor instability. This was treated successfully for a number of years with Botox injections, but unfortunately our client experienced a reoccurrence of her symptoms. She was re-referred to the trust and found to have a symptomatic rectocele and a mild cystocele. The trust recommended for our client to undergo urethral bulking and a posterior repair, which were the correct procedures for her problems.

On the day of the surgery, however, our client actually consented to repair with mesh and the insertion of transobturator tape (TOT). TOT is a procedure for urinary stress incontinence, performed under general anaesthetic. A small incision is made on the wall of the vagina and the tape, which is permanent, is inserted via the vagina to sit under the urethra. Further incisions are made in the upper leg to position the tape.

After the surgery, our client’s urinary symptoms worsened and she suffered from severe suprapubic pain and dyspareunia. These symptoms were ongoing until she was referred and reviewed in 2015 and advised that the problems were caused by the TOT. Our client subsequently underwent surgery for removal of the TOT and later had to have two rounds of further surgery for vaginal adhesions and an inguinal hernia.

We brought a claim against the trust, alleging that there was a failure to appreciate the nature of the claimant’s urinary problems and that she should have been offered repeat Botox rather than a TOT. It was accepted by the trust that the TOT was unnecessary and the claim was settled on the basis that the TOT was the cause of our client’s pain and the need for further surgeries.

Return to case studies

Penningtons Manches Cooper LLP

Penningtons Manches Cooper LLP is a limited liability partnership registered in England and Wales with registered number OC311575 and is authorised and regulated by the Solicitors Regulation Authority.

Penningtons Manches Cooper LLP