Desmond-Bryzak v Lander
[2024] QSC 72 · Bradley J
The plaintiff had pelvic mesh implant surgery performed by the defendant surgeon in Brisbane in November 2013. She suffered chronic pelvic pain, nerve damage and psychiatric injury afterwards, and later developed a claim that the surgeon had been negligent and had failed to warn her about the risks and alternatives. Because she only obtained a supportive medical opinion in early 2018, her court claim was filed after the usual three-year deadline. She asked the court to extend the limitation period so her claim could proceed. The court examined when she first knew enough facts to justify suing, including her involvement in a class action against the mesh manufacturer and a submission she made to a Senate inquiry. The judge found she had taken all reasonable steps but did not have the key facts within her knowledge until after December 2017, and that a fair trial was still possible. The extension was granted, allowing her negligence claim to go ahead.
Incident & injury
Alleged medical negligence in performing pelvic mesh implant surgery and failing to warn of the risks of the procedure, resulting in chronic pelvic pain and nerve damage.
- Body regions
- Abdomen / pelvis, Pelvis/urogenital, Psychiatric, Lumbar spine
- Diagnoses
- Chronic pelvic pain, Mesh erosion into urethra, Pudendal nerve damage, Post-Traumatic Stress Disorder, Major Depressive Disorder, Mood disorder
- Incident date
- 28 November 2013
- Location
- Brisbane hospital
Quick facts
- Date of judgment
- 2 May 2024
- Claim type
- PIPA Medical Negligence
- Proceeding
- Interlocutory
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- Occupation
- Not stated
Outcome
The court granted the plaintiff an extension of the limitation period under section 31 of the Limitation of Actions Act 1974 (Qld), finding that the material facts of a decisive character were not within her means of knowledge until after 22 December 2017 and that a fair trial remained possible.
Key issues
Desmond-Bryzak v Lander [2024] QSC 72
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