Settlement for client left infertile following an epididymectomy he did not consent to

Penningtons Manches Cooper's medical negligence team has recently settled a claim for a man who underwent an epididymectomy without providing his informed consent and understanding the implications to his fertility. As a result of the impact on his fertility, he went on to develop a psychological injury which affected his relationships, career, social life and mental health.

Our client initially saw his GP after he had noticed lumps in his testes. The GP arranged for him to have an ultrasound scan which was reported as reassuring. A few months later, he re-presented to his GP noting that he had experienced some aching for the last few months. As a result, our client was referred to a consultant urologist who advised that he had bilateral epididymal cysts and recommended a surgical procedure to remove the cysts. Our client's evidence was that he was advised that this was a straightforward procedure carried out under general anaesthetic as a day patient and there was no discussion of any risks or complications. In particular, the doctor did not discuss with our client what his family plans were or that there would be any impact upon his fertility as a result of this surgery.

Our client underwent surgery for the removal of the epididymal cysts. Immediately after the surgery, he was informed the procedure went well and was uneventful. He attended for his six week follow up and towards the end of the consultation, it came to light that the doctor had in fact not only removed the epididymal cysts but he had also removed the heads of the epididymis. Our client was shocked to hear this as it had never been discussed with him before the operation, nor had he been informed about this immediately after his surgery.

He went on to have fertility tests which confirmed that he was infertile, despite fertility tests performed a few years previously showing that he was fertile. Our client was in a relatively new relationship at the time of his surgery and he and his partner had discussed having children together. This was now no longer possible without the use of IVF. After learning of his infertility caused by a procedure he did not provide his informed consent to, our client went on to suffer a psychological injury for which he required extensive treatment and this injury affected his relationship, social life and career. He was a professional pilot and was unable to fly due to the implications of his psychological injury. Detailed evidence on the intricacies of the aviation industry was required to quantify his claim.

After our investigations, we put forward our client’s case to the defendant. However, the defendant denied there had been any failure in the care provided. Although we challenged this, the defendant was not willing to reconsider their position. We therefore issued court proceedings and formally litigated the claim. Subsequently, the defendant went on to acknowledge that there was a failure to specifically raise the issue of fertility with our client before the removal of his epididymal cysts and that this was a breach of duty. However, the defendant continued to deny the claim on the basis that our client would have proceeded with the surgery in any event.

Despite the continued denial, we were able to negotiate a financial settlement for our client. We are very pleased to have been able to achieve a settlement. However, there is no sum of money that will be able to compensate our client for his loss of fertility and for the impact this has had on him. He has not only had to manage the implications of his injury but has had to deal with the litigation for many years while the claim was defended. We therefore hope that the successful resolution to this matter will help to provide the justice and the closure he deserves.

Return to case studies