Whitehorse Daily Star

Woman's medical misery endured for two decades

A Whitehorse woman has been awarded $60,000 in damages after what a court has called doctor negligence dating back to 1986 contributed to two decades of chronic pain.

By Christopher Reynolds on November 15, 2013

A Whitehorse woman has been awarded $60,000 in damages after what a court has called doctor negligence dating back to 1986 contributed to two decades of chronic pain.

Her suffering stemmed from an IUD "which ought to have been removed,” a Yukon Supreme Court justice ruled last week.

Chrystal Tupper, now 54, had an IUD — an intrauterine device for birth control — inserted in 1985, two months after giving birth.

She soon began to feel "abdominal discomfort,” "pain during intercourse” and other symptoms.

In 1986 Tupper discovered she was pregnant again, "notwithstanding the presence of the IUD.”

She asked a doctor to remove it and to perform an abortion and a tubal ligation — a sterilization procedure.

Dr. Roger Mitchell performed the abortion in July 1986. He testified that he could not tell if the IUD had been "sucked out” or expelled prior to the operation, but assumed it was no longer in Tupper's body, the judge noted in his decision.

Tupper was then transferred to the care of Dr. Gerald Doersam, who carried out a tubal ligation.

Doersam also assumed the IUD had been expelled and did not consider an X-ray, which would likely have revealed the IUD, the judge wrote.

"As far as Ms. Tupper was aware, her IUD had been removed,” Judge Ged Hawco said.

On and off for the next 20 years, Tupper continued to feel "general pelvic and abdominal pain,” among other problems, according to the ruling.

"She had numerous visits to her family doctor and to gynecologists, but no one seemed to know what was wrong with her,” Hawco wrote.

Only in July 2006, almost exactly 20 years after the initial operation, was the IUD discovered during a hysterectomy and removed.

The judge ruled that Mitchell and Doersam "were negligent in failing to ensure the plaintiff's IUD was not within her body at the conclusion of the abortion and the tubal ligation procedures.

"The plaintiff suffered numerous gynecological problems over the 20 years following the operation to remove her IUD. Not all of them were caused by the failure to remove the IUD, but many of them were.”

On top of recovering $60,000 in damages, Tupper received more than $5,000 in special damages for medical costs.

"Since having the IUD removed.... she feels much better and is enjoying life again,” Hawco wrote.

Dr. Michelle Belanger, a gynecologist called by Tupper, stated in a report:

"‘Missing IUDs'” must be accounted for .... Copper IUDs are known to cause an intense inflammatory response, which can lead to scarring pain and even perforations of the hollow organs such as the bladder or bowel.

"Because of these potential complications, abdominal IUDs require prompt surgical removal.”

Belanger said if a "missing” IUD is not discovered by laparoscopy — minimally invasive surgery with a telescope — ultrasounds and X-rays should be used.

"In my respectful view, the standard duty of care at the time required that if the IUD was neither visible nor accounted for, an X-ray ought to have been used to confirm that the IUD was not within the plaintiff's pelvic area,” the judge wrote.

"No discussion at all seems to have taken place between Dr. Mitchell and Dr. Doersam ....

"To all appearances, the removal of the IUD or its absence simply does not appear to have been considered by them.”

Comments (7)

Up 13 Down 0

Amy Cuellar on Nov 19, 2013 at 4:53 am

Chrystal Tupper you are a hundred and ten percent RIGHT!!! So many people in the Yukon have nothing better to do with their time but stick there nose in other people's personal lives and act like they know everything, and judge away. I was actually surprised this article was in the paper, it's a personal health matter.

Up 39 Down 0

Chrystal Tupper on Nov 18, 2013 at 9:35 am

Everyone is so quick to judge and to put their nose in someone elses business. As for you whom have bad comments you didn't live this so don't judge until you know all the facts and those whom have good comments thank you.

This is My life here people and there are some things just should not be publicized and this is no ones business. I have lead a private life and now everyone knows some personal things. How would you all like to read about your mom, daughter grandmother or any female family member maybe we should all just think about that before we are so quick to judge on ANYTHING ABOUT ANYONE

Up 14 Down 1

Alan on Nov 18, 2013 at 6:52 am

Chronic pain is pain for an extended period of time, not one's word. How ignorant to suggest otherwise. Monetary value doesn't suggest level of negligence, they were negligent !

Up 6 Down 18

B&R on Nov 17, 2013 at 2:00 am

Ah yes, the usual suspects making their usual inane comments on a story they know nothing about beyond what they read in the paper.

A person says they have been in "chronic pain" for 20 years. There is no metric for chronic pain, so we have to go on this persons word that they have been in chronic pain. Maybe, just maybe there is more to this story than is being reported, and why the amount is so low.

Up 25 Down 0

Cheryl Boss on Nov 16, 2013 at 6:47 am

It is better than nothing but not nearly enough for the YEARS of suffering that Chrystal went through. I wonder how they came up with that amount .

Up 17 Down 0

Josey Wales on Nov 16, 2013 at 4:11 am

Yes Bobby indeed!

I myself would have been dead a couple years back, if I were a meek person...had to spoon feed a local "pro" at WGH that his attempts to find my issues were as slack as can be.

Yes we do have some awesome medical crews up here indeed, but we also have a few whom are way too distracted with golf and their own world...kinda breeds complacency in my view.

To all, we have a responsibility to ourselves to give doctors as much accurate info as possible and try and lead healthy lives. That said, no one knows your body as you do...and let it be known.

Remember that dude whom had a 6 inch knife blade stuck in his back for years (NWT)?

Well no one listened to him either, till FINALLY an X-ray was done.

Up 17 Down 1

bobby bitman on Nov 15, 2013 at 11:36 am

Glad to see the doctors held publicly accountable. The damages awarded are a pittance, but better than nothing.

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