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IVF Case in Australia

  • 12-02-2009 12:31pm
    #1
    Jagera
    Closed Accounts Posts: 910 ✭✭✭


    This has caught quite a bit of media attention in Australia.

    http://www.news.com.au/story/0,27574,25047597-29277,00.html

    short story, a lesbian couple sued their IVF doctor for 398,000 AUD because they had twins instead of a single child, saying it damaged their relationshop and that they had lost the capacity to love.

    they initially lost their case, but on appeal won 319,000 and their doctor has to pay their legal costs.

    thought i'd share this and see if those with legal knowledge could shed some light on why they won the appeal?


Comments

  • #2
    drkpower
    Registered Users, Registered Users 2 Posts: 5,475 ✭✭✭drkpower


    They won because the doctor was negligent in implanting two embryos and they suffered loss as a result. There have been similar cases where a plaintiff has recovered in UK and elsewhere.

    In Ireland, the High Court in Byrne v Ryan [2007] found that a couple could not recover for the "wrongful birth" of a healthy child (after a failed sterilisation) , primarily, i think on constitutional reasoning (primacy of the family - a child can only be a blessing etc...). But i think this case is still awaiting appeal by to the Supreme Court so we could have a lot of cases of this nature in the future.


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