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Gyn: Tubal ligation FailureFrom: John Robertson M.D. (john.robertson@obgyn.net)Mon Mar 29 13:37:29 1999
For those of you that followed the thread last year about filsche clips and servicing them regularly, this will be of interest. Saturday, March 27, 1999 Mother sues hospital over pregnancy after tubal ligation Warning came too late: Hospital confirmed there was a problem with procedure Maria Bohuslawsky Ottawa Citizen OTTAWA - An Ontario woman who became pregnant after a tubal ligation is suing the Pembroke General Hospital and an obstetrician, claiming they knew there was a problem with the procedure but failed to warn her and other patients of the pregnancy risk. "This is something that shouldn't have happened," said Andrea Budarick, whose son Matthew was born two weeks ago. "I did everything in my power to prevent it." Mrs. Budarick lives in a three-bedroom bungalow in Palmer Rapids, about 200 kilometres southwest of Ottawa, with her husband Garry, 45, and their two other sons, William, 7, and Garry Junior, 5. Mr. Budarick's 17-year-old son, Ian, from his first marriage, also lives with them. Their family income last year was $16,000. Mrs. Budarick, 27, said financial problems put a strain on the couple's marriage, so she decided to have her tubes tied. Mrs. Budarick is the owner and sole operator of a small business supplying baked goods to local stores and a restaurant. She also has a booth at a farmers' market in summer and works part-time as a waitress. Mr. Budarick receives $1,000 a month disability pension. "Unless I foresee winning the 6/49, my schedule is not going to get easier," she said. "I don't have the time or the means to support another child." About 300 women had a surgical sterilization using Filshie clips at the hospital between July 1, 1996, and March 31, 1998, said Dr. Som D. Sharma, one of two doctors who performed the operations. Of those, between eight and 10 became pregnant, he said. "The usual rate is two or three per 10,000, but I've had four or five and my colleague (Dr. Lawrence Onochie) has had similar numbers." Mrs. Budarick underwent a tubal ligation in September, 1997. She conceived her third child in June, 1998, and gave birth two weeks ago on March 11. Suspecting a problem with the clips or applicator, the hospital stopped using the instruments in April, 1998, -- two months before Mrs. Budarick became pregnant. She says that had she received a timely warning, she would have started using birth control. Hospital officials sent a warning letter to patients in January 1999. Mr. and Mrs. Budarick have filed a statement of claim against the hospital and Dr. Sharma for a total of $150,000. They have also launched a complaint against Dr. Sharma with the Ontario College of Physicians and Surgeons. Dr. Sharma told the college that he became aware of the failure rate in November, 1997, and informed hospital officials. The equipment used to perform tubal ligations was returned to the distributor, Laborie Medical Technologies in Brossard, Que., for assessment. According to his statement, the equipment was returned to the hospital in early 1998 after servicing. Soon after, Dr. Sharma became aware of another failure. The equipment was returned to Laborie in April, 1998, for further investigation, and since then alternative surgical techniques have been used at the hospital. Sheila Schultz, the hospital's chief executive officer, said yesterday the hospital confirmed there was a problem in October, 1998, after officials made inquiries to Femcare, the manufacturer in England. She said the hospital sent their warning out in January and is still trying to contact 25 to 30 patients. Spokesmen for both the distributor and the manufacturer refused comment.
-- J.G.M.Robertson MD, 109-9181 Main St. Chilliwack, B.C. V2P 4M9, Canada (604) 793-9988 e-mail john.robertson@obgyn.net Who is wise and understanding among you? Let him show it by his good life, by deeds done in the humility that comes from wisdom. James 3 vs 13, NIV
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