A mother is to receive £390,000 compensation for a ventouse deliver injury which, due to an inadequately repaired perineal tear, has forced her to give up her career as a nurse.
Dalia DuMaurier gave birth to her daughter Issy via a ventouse (vacuum) delivery in February 2010 at the County Hospital in Stafford, following a healthy and uncomplicated pregnancy. Unfortunately, during the procedure, Dalia suffered a perineal tear which was noticed at the time and treated.
However, following her discharge, Dalia (now 30 years of age) from Rising Brook in Staffordshire started experiencing a series of medical problems. First she developed a rectovaginal fistula and faecal incontinence, before suffering a parastornal hernia.
The complications were examined and found to be attributable to the perineal tear being inadequately repaired. Dalia now has to permanently wear a colostomy bag and has had to forgo her career as a nurse. She has also had to undergo treatment for psychiatric issues.
After seeking legal advice, Dalia made a claim for compensation for a ventouse delivery injury, alleging that had the perineal tear been adequately repaired at the time of her daughter´s delivery, the subsequent complications she experienced would not have occurred.
The Mid-Staffordshire NHS Foundation Trust initially denied liability for Dalia´s injuries and a two-year legal battle ensued, which was only resolved when an independent report found that her doctor may have caused the problem by applying a stitch in the wrong location or by failing to spot a natural tear in Dalia´s body tissue.
In March this year liability was conceded, and negotiations began to settle Dalia´s claim for an appropriate amount. Eventually a figure of £390,000 compensation for a ventouse delivery injury was agreed upon in an out-of-court settlement – a sum which will be put into a personal injury trust to cover the cost of Dalia´s ongoing treatment and therapy.