A woman who saw disgraced gynaecologist Simon Gordon for contraception and ended up having her ovary and fallopian tube removed has filed the first case in a tranche of expected legal action against the former doctor.
The 36-year-old claims in documents before the Supreme Court of Victoria that Gordon pushed her to undergo two separate and unnecessary laparoscopies in 2017 and 2022.
Holly, who has asked for her last name to be omitted for privacy reasons, has accused the doctor of negligence, fraud and battery for proceeding with the surgeries without obtaining basic preoperative scans, and subsequently concealing pathology results that found her removed organs were completely healthy.
This masthead revealed in February that healthcare watchdog the Australian Health Practitioner Regulation Agency (AHPRA) launched an ongoing investigation into Gordon over allegations he performed unwarranted surgeries on women to treat endometriosis, including full hysterectomies.
The well-known gynaecologist abruptly closed his East Melbourne clinic late last year. He operated across public and private hospitals including the Epworth.
Gordon did not respond to questions sent by The Age but has previously said he decided to retire in November for personal reasons and had always acted ethically and responsibly.
Holly’s lawyer, Erin Monsalve Fear, from Carbone Lawyers, said the ordeal had been “extremely traumatic” for her client, describing the procedures as entirely unnecessary.
“Sadly, many of our clients have found themselves – through no fault of their own – in circumstances similar to those alleged in this claim,” she said.
Holly was referred to Gordon by a GP in 2017 after moving from Brisbane to Melbourne.
She arrived at the appointment with a history of endometriosis, which had been successfully treated via a laparoscopy two years earlier.
The then-27-year-old was experiencing no pain and had booked the appointment to discuss having the Mirena IUD, a contraceptive device, inserted.
It is alleged that during the appointment, Gordon advised conducting a secondary laparoscopy during the IUD insertion to check for endometriosis, but did not order any standard diagnostic scans such as a CT scan or pelvic ultrasound.
According to the claim, Gordon purported to see extreme endometriosis during the surgery and conducted multiple procedures. However, pathology examinations of tissue removed during the surgery showed only minor endometriosis.
It is alleged that Gordon did not tell Holly about the findings and that she returned in 2022 for an appointment before a re-insertion of the IUD.
The claim alleges that Gordon then advised Holly to undergo a third laparoscopy to check for further endometriosis, once again without ordering preoperative scans.
The doctor removed her left ovary and left fallopian tube during the surgery, informing Holly he had seen severe endometriosis during the procedure.
However, pathology analysis of removed tissue showed a normal fallopian tube, with zero evidence of endometriosis in the left ovary or along the left pelvic sidewall, the writ claims.
Holly was unaware of the malpractice accusations against Gordon until she watched a Four Corners investigation into him, broadcast in February.
According to the claim, the surgery has caused Holly ongoing suffering including psychological trauma, pain, fatigue, reduced fertility, low energy and recurrent pain during sex.
She is at a higher risk of early menopause, osteoporosis, and potentially increased risk of Parkinson’s disease, the claim states.
It’s the first of many legal proceedings against Gordon that are expected to be filed in court in coming weeks.
Emily Hart, principal lawyer at Arnold Thomas & Becker, said her firm was preparing to initiate legal action soon while also exploring other avenues to resolve claims.
“Our team is representing a significant number of women who were treated by Dr Gordon, many of whom underwent highly invasive surgeries they were told were necessary,” she said.
The law firm has received more than 500 inquiries from Gordon’s former patients.
Hart said some of the cases being reviewed involved full or partial hysterectomies, and many occurred when pathology results showed no or limited signs of endometriosis.
“For many of our clients this is not only a fight for compensation – it’s a fight for truth, accountability, and systemic change.”
Tom Ballantyne, head of Maurice Blackburn Lawyers medical negligence department, said his law firm was trying to resolve claims against Gordon out of court.
“Given the unprecedented volume of potential claims, it would be in the interests of all of his victims that expensive and stressful formal litigation be avoided and we want to explore ways of avoiding that before filing formal claims.”
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Carla Jaeger is a journalist for The Age. Got a tip? Email carla.jaeger@theage.com.au or message carlajaeger.62 on Signal.Connect via X or email.
Henrietta Cook is a senior reporter covering health for The Age. Henrietta joined The Age in 2012 and has previously covered state politics, education and consumer affairs.Connect via X, Facebook or email.