37-year-old Becomes Pregnant When Postpartum Bilateral Tubal Ligation with Filshie Clip Application Fails

Type of Injury: Wrongful Pregnancy / Wrongful Conception

Type of Case: Settlement

Settlement Amount: Confidential

Jurisdiction: Superior Court of King County, Seattle, Washington.

On March 19, 2012, F-37 underwent a female sterilization procedure performed by an employee of an area health system wherein he applied Filshie clips, bilaterally, one-day postpartum via minilaparotomy. These clips can be thought of as clamps applied to the fallopian tubes, which are designed to prevent pregnancy by completely occluding the tubes. The operative report indicates that the placement of the Filshie clips was uneventful. However, correct placement of the clips was confirmed with photography. One of the clips failed shortly thereafter resulting in her pregnancy.

In February 2015, Plaintiff gave birth to a healthy baby girl. The physician who delivered the baby, via c-section, stated in the operative note the following: “Bilateral tubal segments, old Filshie clips were noted with Filshie clip on the right side had noted to slip with apparent intact tube. On the left side, the tube appeared to have degenerated as would be appropriate with Filshie clip.”

Plaintiff contended the physician failed to properly place the Filshie clip and recognize that improper placement intra-operatively. Additionally, Plaintiff contended the physician failed to material risks associated with his use of the Filshie clips, namely, that the manufacture (CooperSurgical) warns that the pregnancy rate following tubal sterilization of postpartum patients is higher than that reported in interval patients.

Injuries: Due to the alleged medical negligence of the defendants, the plaintiff sought compensation for physical and emotional pain, and the incapacity and distress of the pregnancy and labor, together with the costs of the child’s birth and re-sterilization. The plaintiff's husband sought loss of consortium during the relevant period of time.

Settlement was reached shortly before the matter was scheduled for trial.

In 2008, Mr. Sandberg settled another wrongful pregnancy case involving Filshie clips for $100,000.

The above summary is specific to a particular case and is not intended as a projected outcome on any other matter.