A man who claimed he had to have a vasectomy because his wife was advised, on health grounds, not to have any more children after she was in a road crash has lost his High Court action for damages for alleged post-vascetomy injuries against two motorists involved in that crash.
Mr Justice Vivian Lavan also dismissed an additional claim by Patrick Ward for damages arising from the loss of a baby to his wife and himself following the termination of a pregnancy in the aftermath of the crash.
The court heard Mrs Grainne Ward had become pregnant after the crash and before her husband’s vasectomy and, in light of her doctors’ advice about dangers to her health from pregnancy, had travelled to England for a termination. Mr Justice Lavan said Mrs Ward had travelled for a termination although her life was not in danger.
He was giving his reserved judgment on an action by Mr Ward (48), a father of two, Redford Court, Greystones, Wicklow. He claimed he suffered a post-operative pain condition and mental distress after the vasectomy which, he claimed, he would never have had to endure were it not for the alleged negligence of the drivers of the two cars which allegedly hit a vehicle driven by his wife.
Grainne Ward had in 2007 secured a €325,000 High Court settlement against Niall Sheridan, Cherrytree Drive, Boghall Road, Bray, Co Wicklow and Christine Quinn, Ceder Wood, Kilcoole, Co Wicklow, the drivers of the two cars allegedly involved in the crash at the junction of Redford Estate and the Bray/Greystones Road on February 6th 1996.
Mrs Ward claimed she suffered a number of injuries, including soft tissue injury to her neck and back, tinnitus and post traumatic stress disorder.
Mrs Ward’s mother also secured a €45,000 settlement against Mr Sheridan and Ms Quinn for nervous shock arising from coming across the scene of the crash.
Mr Ward, who was not involved in the crash, had lodged a claim against the two motorists over pain and mental distress allegedly suffered by him following a vasectomy in March 1998.
He claimed he underwent that procedure because his wife’s doctors had advised her any further pregnancies would be a danger to her physical and mental health due to the injuries she received in the crash.
Rejecting the claim yesterday, Mr Justice Vivian Lavan said Mr Ward had failed, on the balance of probability, to establish causation of his injuries on the part of Mr Sheridan and Ms Quinn.
The judge also dismissed the claim for damages arising out of the loss of a baby to the couple which arose from the termination of a pregnancy of Mrs Ward in the aftermath of the crash.
Mrs Ward, in light of her doctors’ warnings about the dangers of another pregnancy, travelled to England for a termination, “notwithstanding the fact that her life was not in danger by reason of the pregnancy”, the judge noted.
The judge noted the defendants had argued Mr Ward was fully warned in advance as to the possible consequences of a vasectomy, including the chronic “orchalgia” pain he suffered, and had decided not to undergo a (vasectomy) reversal because of his dislike of medical procedures.
The court also heard Mrs Ward received an IR£84,000 settlement for another traffic accident in 1987 while Mr Ward had received settlements relating to two road accidents subsequent to his wife’s 1996 accident. He told the court he could not remember the amount of damages paid.