A mother of four who got pregnant after a failed bilateral tubal ligation(BTL) and has recently delivered twins has sued the Kenyatta National Hospital and a doctor for medical negligence and now seeks a Ksh200,000 monthly support for the new born.

Of course, Justicenow.co.ke cares not to reveal the full identity of the subject at this stage(thank me later), and will only refer to her as Gladys in this post.

She was admitted  at KNH on August 9 2016 when she delivered a baby and a medical procedure of BTL was allegedly performed on her as per her request.

“To her surprise, our client discovered in January 2018 that she was pregnant contrary to her expectations  and the assurances made to her by Dr Mugo and the hospital,” Kirimi David told a trial court in Nairobi recently.

Monthly maintenance

The lawyer said Gladys needs  to cater for babies and demands the hospital pays her a monthly maintenance of Ksh200,000 or such amounts “as may be adequate to maintain the children,” as in she holds KNH liable for  all costs incurred including the costs of this legal pursuit.

KNH concurs that the procedure was perfectly done and clinical reviews showed that she had recovered well.

Glady’s states in her statement that  she delivered a baby on August 11  2016 at the facility and sought  consultation on family planning methods “because  I did not want to have any more children.”

“I underwent the relevant tests required which confirmed I was fit for the procedure of BTL(tubal ligation),” she said.

She said the defendants  advised her and she believed, that the procedure was permanent and irreversible. ” After the procedure a was very assured that the sterilisation was permanent and that I would not conceive any more children,” Gladys states.

“On September 9 2016 I went for review and  Dr Pinckie L. Njoroge confirmed that the BTL was okay,” she said.

Gladys said come January 2018, she felt unwell and visited PCEA Kikuyu for a check up where a pregnancy test confirmed  that “i was indeed pregnant and the due date would be September 2018.

“I was extremely shocked and could  not believe how I could conceive  while the BTL procedure was done,” Gladys says in suit documents.

Unwanted children

A further scan at Melchizedek Hospital revealed that she was expecting twins.

“As a result of the said unwanted pregnancy and subsequent conception of unwanted children and now birth of the twins, I have suffered emotional pain,  distress, physical incapacity and financial hardship by reason of negligence on part of KNN and its doctor,” Gladys says.

She says she blames the defendants entirely for the unwanted pregnancy  and for failing to render professional duty of care to her as a patient.

Gladys says she survives on paltry income having left formal employment where a contract was not renewed and is apprehensive on how to raise two more children moreso after  she thought she was done with child bearing.

“I gave birth to the two children on August  16 2018 at Pumwani maternity Hospital with the help of Dr Kamau and who  performed a fresh BTL procedure after CS delivery of the twins,” Gladys says.

She stated that according to Dr Kamau no BTL procedure had been carried out!

Gladys  seeks appropriate damages including the cost of bringing up the children till they reach 18 years old.

Medical history shows that 3-8 out of 1000 women may conceive even after BTL procedures.

Further hearing is on June 18 2019.