Case Studies

Damages following negligent removal of retained products of conception


We have settled a claim relating to the surgical evacuation of our client’s retained products of conception (ERPC), performed after she suffered a secondary postpartum haemorrhage. She bled again heavily following surgery, requiring emergency repeat evacuation when a considerable amount of remaining tissue was removed.

It was our client’s case that the first surgical evacuation of the retained products of conception was performed negligently as a large volume of placental tissue was left behind. If there had been a complete evacuation of the uterus at the first ERPC, she would not have required a second surgical procedure. The major haemorrhage, a life threatening situation, would have been avoided along with blood and plasma transfusions and development of post-traumatic stress disorder.

The defendant denied liability. We made every attempt to resolve our client’s claim before proceedings were issued, presenting gynaecological and psychiatric evidence along with witness evidence and a fully pleaded schedule of loss. Following a court case management hearing, the defendant was willing to negotiate and a settlement of £42,500 in damages plus costs was achieved.


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