Patient sues estate of Mohammed Mossa over trans-vaginal mesh surgery at Benenden Hospital, Cranbrook
11:30, 20 October 2017
updated: 11:52, 20 October 2017
A woman who suffered complications after controversial surgery at a Kent hospital has been given the go-ahead to sue the estate of a dead surgeon.
The woman was fitted with trans-vaginal mesh to treat an incontinence problem at Benenden Hospital, Cranbrook in 2007 but later developed serious problems after the mesh eroded.
She suffered heavy bleeding and pain and, after undergoing further surgery in an attempt to correct the problem, had a hysterectomy in 2013.
Despite that, she continues to suffer ongoing symptoms, London's High Court heard.
The issue of trans-vaginal mesh surgery hit the headlines earlier this year when it was revealed hundreds of women were bringing legal action against the NHS and the makers of the products after suffering complications.
The implants are used to treat pelvic organ prolapse and incontinence, mainly after childbirth, but some can become embedded into the vagina - causing severe pain and discomfort.
The woman brought a claim for damages against Mr Mohammed Mossa, the surgeon who performed the procedure.
She alleged the doctor failed to provide enough information about the mesh product used and didn't give advice on alternative treatment options.
After Mr Mossa died in 2015, she continued her lawsuit against his estate - which is contesting the claim.
Defence lawyers argued it was "too late" for her to sue, particularly as Mr Mossa was no longer alive to defend himself.
But, despite "gaps" in the evidence, Mrs Justice Yip has now opened the way for her to press ahead with her claim.
He said a judge who had previously ruled on the case had "plainly recognised the careful balancing act he was required to carry out".
He continued: "He gave careful attention to the fact of Mr Mossa's death and the impact on the cogency of the defence evidence.
"I do not accept he gave any inappropriate weight to the prejudice to (the woman) if she were not able to proceed with her claim."
The woman's compensation claim will now go ahead for a full hearing at a later date.