Six-figure settlement secured in vaginal mesh negligence claim

Penny Tilmouth, a medical negligence specialist solicitor at Ashtons Legal, has obtained a six-figure settlement for Mrs F in a claim against a Consultant Gynaecologist who performed vaginal mesh repair surgery on her as a private patient in 2007, when Mrs F was 38.

In 2006, Mrs F began to suffer heavy, painful periods, pain on intercourse and urinary incontinence. In September 2007, the defendant Consultant Gynaecologist performed a prolapse repair using synthetic mesh and, at the same time, a vaginal hysterectomy. During the procedure, the mesh punctured her rectum. While symptoms initially improved, in 2012 the original symptoms returned, and mesh was found to be protruding through the vaginal wall. This was excised in 2013. Her symptoms deteriorated significantly from 2016. In 2017, Mrs F watched a TV programme about mesh surgery and started to consider, for the first time, that many of her symptoms might be linked to the mesh surgery of 2007. Following referral to a specialist Urogynaecologist in London, Mrs F underwent removal of the eroded anterior mesh in 2018 and removal of the posterior mesh in 2021. She was subsequently referred for pain management.

Mrs F instructed Ashtons in 2018. Supportive expert evidence was received, and Court proceedings were issued in April 2023. Mrs F alleged the 2007 surgery was negligently performed, the rectal perforation was inadequately addressed, the surgery was unnecessary and informed consent was not properly obtained prior to the procedures. The defendant denied liability throughout, with the case listed for trial in March 2026.

Mrs F claimed that the alleged negligent surgery resulted in three additional avoidable surgical procedures, chronic pelvic, vaginal and groin pain, sexual dysfunction, urinary incontinence and psychological problems. She lost her Staff Officer position with the MOD in 2019 and has been unable to return to work. Mrs F is limited in her usual everyday activities and leisure interests and requires extra care and assistance from her husband and daughters.

Following expert discussions and a Joint Settlement Meeting between the parties in December 2025, a settlement was achieved, thus avoiding trial.

Penny Tilmouth comments: “Mrs F had co-existing unrelated low back pain and fibromyalgia, both of which also caused symptoms of widespread pain and interfered with daily living activities, making it necessary to prove which symptoms were attributable to the alleged negligent surgery. The defendant’s pain expert attributed all of Mrs F’s ongoing pain symptoms and difficulties to her unrelated low back pain and fibromyalgia. With strong case management and Mrs F’s confidence to proceed to trial, an excellent settlement was achieved just two and a half months before trial – significantly higher than typical awards for this type of injury. While no amount can truly compensate Mrs F for what she has been through, we hope this settlement provides security and enables her to access necessary rehabilitative treatment and move forward with her life.”

Mrs F adds: “I’m still coming to terms with the settlement and the fact that, for me, the case is over…Honestly, I just don’t know where to start in thanking you for all your hard work. It’s been a few years since we have been together on the case, and I have been so grateful for your ongoing support.”

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