Hoffmans Barristers and Solicitors

Hoffmans wins $100,000 verdict for Failed Sterilsation

16th July 2004

Filshie ClipPerth couple Carmela and Peter ***** were today awarded $104,316.00 costs and damages following a medical negligence legal case centred around the issue of failed sterilisation.

At question was the cause for the dislodgment of an intra-fallopian birth control device, a Filshie clip, which subsequently opened/dislodged, and hence was the indirect, but legally relevant, cause of the Plaintiff's subsequent pregnancy and the birth of their third child.

Defending the obstetrician in question, Dr Maurice Ferri, law firm Clayton Utz argued that their client was not negligent, had performed the operation successfully (at least initially) and as a result, there were no grounds for compensation.

Hoffmans argued that the birth control device in question was not correctly applied and/or checked on the fallopian tube. In the result, the clip was not fully locked shut and fell off soon after application. The plaintiff then fell pregnant.

Considering both arguments which included expert evidence and historical judgments, the Court found that Dr Ferri was indeed negligent and awarded damages including general damages for the pain and trauma of pregnancy and birth; also compensation for the cost of raising the child to adulthood.