Posted: 15/11/2023
Yvette Greenway-Mansfield, a 59-year-old woman from Warwickshire, has this week been awarded over £1 million in compensation as a result of having vaginal mesh implanted following a hysterectomy at University Hospitals Coventry and Warwickshire (UHCW) in 2009. She brought and succeeded with her clinical negligence claim on the basis that she was never a suitable candidate for the mesh implantation surgery, that it was premature and unnecessary and she was not consented properly for the treatment she received. The mesh eroded into her vaginal wall and, despite being removed, has left her with permanent disabling pain.
Tragically Mrs Greenway-Mansfield’s story is not unique. Between 2008 and 2017 thousands of women across the country were fitted with vaginal mesh. It was presented to them as a quick fix which was minimally invasive. Whilst appropriate for some, it was not universally suitable and a number of patients, such as Mrs Greenway-Mansfield, were operated on when they were not good candidates for the surgery. If problems arose, typically pain and bleeding, some underwent further surgery to have the mesh removed. However, that in itself caused further difficulties as the mesh was not designed to be removed and women have been left with life-altering chronic pain and complications.
Mrs Greenway-Mansfield gave her story to Jeremy Vine during an interview on BBC Radio 2 on 14 November. She explained that while her settlement has left her feeling relieved that she can at least put her financial worries aside, nothing will change the fact that she now lives with chronic pain, for which there is no cure. She called for a government redress scheme for all the other women in her situation. As there is currently no such scheme, women need legal representation to investigate and present their claims.
Clinical negligence investigations are inevitably time-consuming, as each woman’s medical care and individual situation are analysed and evidenced carefully, and when liability is disputed, they can foreseeably take three years or more to conclude. The level of damages awarded will reflect the impact of the injury on the woman concerned, both in physical and psychiatric terms, any loss of earnings and pension, the need for and cost of professional care, aids and equipment and any future healthcare requirements so it can vary considerably.
At Penningtons Manches Cooper, we have concluded many vaginal mesh claims and continue to represent women in similar situations. The issues we have seen include unnecessary surgery performed as a preventative measure on patients who were never going to benefit from it, women who have undergone gynaecological surgery but were unaware that a mesh was inserted, women not being counselled properly on the pros and cons of surgery and not consented for the associated risks, and women who have reported symptoms and issues after surgery but had their concerns dismissed with no investigative action taken.
Some of our clients have been left with permanent damage and pain, being unable to work and earn as they did previously leading to financial concerns and family issues, unable to enjoy an intimate relationship with their partner, and needing to take a cocktail of painkillers as well as anti-depressants. Sadly, despite an Independent Medicines and Medical Devices Safety review in 2020 and a series of recommendations to provide greater scrutiny and improve patient safety, simple everyday tasks, such as carrying shopping bags or playing with grandchildren, remain difficult or impossible for some of these women.