Relatives File Clinical Negligence Lawsuit Against NHS Trust After Two Women Die from Herpes After Caesarean Sections
Fiona Nanna, ForeMedia News
4 minutes read. Updated 1:51AM GMT Sun, 21July, 2024
The relatives of two women who tragically died after contracting herpes following Caesarean sections are pursuing legal action against an NHS trust at the High Court. Kimberley Sampson, 29, and Samantha Mulcahy, 32, both succumbed to complications linked to the herpes simplex virus within six weeks of each other in 2018.
Both women underwent Caesarean sections performed by the same surgeon at hospitals managed by the East Kent Hospitals University NHS Foundation Trust. The legal claims brought forth by Ms. Sampson’s mother, Yvette Sampson, and Ms. Mulcahy’s widower, Ryan Mulcahy, allege clinical negligence in post-operative care and assert that the surgeon, whose name is withheld for legal reasons, was the source of the herpes infection.
The NHS trust has denied any liability, contending that there was no exposure to the virus during the surgeries or through the surgeon. Ms. Sampson’s operation took place at Queen Elizabeth The Queen Mother Hospital in Margate, while Ms. Mulcahy was treated at William Harvey Hospital in Ashford.
In July 2023, Coroner Catherine Wood determined that the women’s deaths were due to multiple organ failure resulting from the spread of the herpes virus acquired either before or around the time of their deliveries. The coroner’s report indicated that both women might have received earlier treatment for their deteriorating conditions.
Following the inquest, NHS trust officials expressed sincere apologies for the “additional and unnecessary suffering” caused to the families, attributing this to delays in responding to their inquiries and the prolonged nature of the inquest proceedings.
The coroner’s investigation revealed that it was “unlikely” the infections originated from the surgeon, noting that his hands were fully scrubbed and double-gloved, and he wore a mask during the procedures. Although the surgeon was reported to have no visible lesions or signs of infection, he was not tested for the virus.
Lawyers representing the families had requested that the two cases be heard together. However, Judge Charles Bagot KC denied this request on Friday, citing significant differences in the cases’ details and the potential for increased costs and complications if they were merged.
