Out-of-Court Settlement in High Court Medical Negligence Case arising from hernia surgery

Karen Kearney Partner together with her assistants Tricia Sisk and April Wiseman in the Medical Negligence department in  Cantillons Solicitors secured a very substantial six figure settlement for a woman who suffered serious and lasting complications following surgery to repair an umbilical hernia.

The complex High Court medical negligence case settled at mediation shortly before a four-week trial was due to begin.

The settlement provided compensation for the woman’s physical and psychological injuries, loss of earnings, care needs and other past and future financial losses.

The defendants also agreed to pay her legal costs.

Complications following hernia surgery

In  2019,  our client, a young mother of two small children, attended her GP with a painful swelling around her umbilicus. She was diagnosed with an evolving umbilical hernia and referred to a consultant surgeon.

Some four months later, she was admitted to a private hospital for surgical repair of the hernia. A laparotomy was performed, the hernia was reduced and a prosthetic mesh was inserted.

Five days after the surgery, she  became seriously unwell with vomiting and diarrhoea. She subsequently developed abdominal sepsis and widespread peritonitis.

Further surgery and prolonged hospital treatment

The woman required three further hospital admissions. Her treatment included:

• CT scans to investigate her deteriorating condition;
• a further laparotomy for an abdominal washout;
• removal of the prosthetic mesh;
• insertion and subsequent removal of an abdominal drain;
• prolonged antibiotic treatment;
• treatment for a surgical-site infection;
• management of an abdominal wound that opened following infection; and
• treatment for a C. difficile infection.

She was also left with extensive abdominal adhesions.

Before the surgery, the woman had been healthy and was preparing to return to work. Her injuries prevented her from taking up that work.

Serious and lasting consequences

The complications had a profound and continuing effect on the woman’s health and quality of life. Her injuries included:

• a recurrent hernia;
• chronic abdominal pain;
• altered bowel habits,
• fatigue;
• post-traumatic stress disorder;
• major depressive disorder; and
• significant abdominal scarring and disfigurement.

Complex medical negligence proceedings

Cantillons Solicitors was first contacted by the woman’s husband in April 2020. Following detailed consultations, we obtained and reviewed extensive medical records from the hospitals, treating practitioners, GP and pharmacies involved in her care.

We  reorganised, indexed and paginated  the records to allow the circumstances of the surgery and subsequent treatment to be investigated by independent medical experts.

Because the statutory deadline for bringing the claim was approaching,  we issued protective High Court proceedings while the expert investigations continued.

A detailed report was obtained from a Consultant General and Colorectal Surgeon. He confirmed negligence and causation in the care afforded to our client during the hernia surgery and post operation.

Further expert evidence was subsequently commissioned in the areas of:

• microbiology;
• radiology;
• psychiatry;
• occupational therapy;
• care needs;
• vocational rehabilitation; and
• actuarial assessment of financial loss.

Liability and causation remained contested

The High Court medical negligence case involved several defendants. Liability and causation were contested by the first and second defendants up to the settlement. Although the third defendant admitted a delay in surgically treating the peritonitis, it continued to contest whether that delay had caused the injuries and losses claimed.

Discovery and exchange of expert reports

We pursued extensive discovery to obtain relevant records, investigation material, clinical guidelines and protocols.

Court orders were required to compel the production of discovery.

We  also dealt with substantial discovery requests made on behalf of the defendants.

Four-week High Court trial avoided through mediation

The case was listed for a specially fixed four-week hearing in the High Court Personal Injuries List.

Mediation took place  in March 2026, approximately three weeks before the trial was due to begin.

The settlement avoided the uncertainty and additional emotional strain of a four-week High Court trial.

It secured very substantial compensation reflecting the serious physical and psychological injuries suffered by our client, their effect on her ability to work, and her past and future financial losses.

Contact us at Cantillons Solicitors at +353 (0)21 -4275673 or info@cantillons.com if you would like more information.

* In contentious business, a solicitor may not calculate fees or other charges as a percentage of any award or settlement.