Fuller v ACT (No 2) [2025] ACTSC 174 (Link to JADE).
This was an assessment of damages following the remittal of these proceedings by the Court of Appeal: see Fuller v Australian Capital Territory [2024] ACTCA 19.
The plaintiff attended the Canberra Hospital in order to undergo a caesarean section. That involved the administration of a spinal anaesthetic. Dr Abeygunasekara made three attempts to insert the needle, and then Dr Stephens made her own attempt. During that attempt, the spinal needle broke, leaving a portion of the needle inside the plaintiff’s body. After that, Dr David McDowell, a consultant neurosurgeon, performed a midline dissection in order to remove the retained portion of the needle.
The Court of Appeal had held that a reasonable anaesthetist in the position of Dr Stephens would have taken the precaution of using a fresh spinal needle. (ACTCA, [117]).
The opinion of Dr Patrick was, for the reasons set out by the Court of Appeal, sufficient to result in the finding that the plaintiff’s pain and other symptoms in her right leg were the result of radiculopathy. When assessing damages the court did not accept the submission made by the plaintiff that she has a “poor prognosis”.
An award of damages was made as follows ([90]):
| General damages | $140,000 |
| Interest on general damages | $11,462 |
| Domestic assistance — past | $17,000 |
| Domestic assistance — future | $10,000 |
| Out of pocket expenses — past | $7,711 |
| Out of pocket expenses — future | $10,000 |
| Total | $196,173.00 |
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