Successful claim for injury caused by use of non-dissolvable sutures to repair vaginal tear sustained during childbirth

We have successfully settled a claim for a young mother who sustained a second-degree tear during the birth of her baby, which was erroneously sutured with non-dissolvable suture material. Typically, such repairs would be stitched using dissolvable material.

Despite our client repeatedly telling midwives at post-natal visits that she was suffering extreme pain due to the stitches, and asking them to check these, the fact that an incorrect suture material had been used was not identified until six weeks after the birth. Our client underwent an extremely painful procedure without anaesthesia in an attempt to remove the sutures. However, this proved too much for her to endure and she had to undergo surgery under a general anaesthetic so that all of the suture material could be removed. 

The impact of this injury on our client was significant. She had to stop breast feeding after only two weeks, as, due to her pain, she could not achieve the correct positioning that is so important to establish successful breast feeding. Her ability to care for her baby and other three-year-old child was severely compromised. She was also unable to resume intimate relations with her husband. 

The trauma and pain from this injury endured for some years after the event, and our client also suffered depression. 

The defendant admitted breach of duty at an early stage, but took the position that following the removal of the sutures, any continuing pain suffered was not related to the negligence. The defendant made a low value offer to settle the claim. We were able to advise our client that this offer did not reflect the severity and impact of the injury she had suffered.

We sought expert evidence from a urogynaecologist to advise on our client’s condition and prognosis, as well as a psychiatrist, who was of the opinion that our client had suffered a major depressive disorder, arising from her physical injuries. 

We provided the defendant with the expert evidence which supported the claim and showed that the severity and duration of the injuries were longer lasting. Happily, a more suitable settlement, more than nine times the defendant’s original offer, was reached.

Our client is very relieved that she is now able to seek the necessary therapy to help her move her life forward.

Elizabeth Maloney, associate in the clinical negligence team at Penningtons Manches Cooper, commented: “This apparently simple error created significant physical and psychological injuries for our client and had a devastating impact on her ability to care for her family. I am delighted that she can now concentrate on her recovery.” 

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