Desmond-Bryzak v Lander

Incident & injury

Pelvic mesh implant surgery performed by defendant — alleged failure to warn of risks and negligent performance of experimental procedure causing chronic pain, urethral erosion and nerve damage

Body regions

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

Outcome

Application granted. Limitation period extended under s 31 of the Limitation of Actions Act 1974 (Qld) so that, for the purposes of the proceeding, the limitation period expired at midnight on 21 December 2018. Material facts of a decisive character (including that the operation was inappropriate, that the defendant should have warned of risks, and that the injury was permanent) were not within the plaintiff's means of knowledge before 22 December 2017.

Key issues

• Limitation extension
• s 31 Limitation of Actions Act 1974 (Qld)
• Material fact of decisive character
• Means of knowledge
• Medical negligence — pelvic mesh
• Failure to warn