'Wrongful Birth' Case Ends With €1.8 Million Settlement

22.06.2018

A woman who claimed that she would have aborted her baby but for the wrong result of a prenatal genetic test has settled her High Court case against the Rotunda Hospital, Dublin, and Our Lady’s Children's Hospital, Dublin. She received an interim settlement payment of €1.8 million.

The woman, who is a carrier of a rare genetic condition, claimed she was deprived of her right to travel for an abortion. Her unborn child was tested for the same condition and the test came back with a negative result. The High Court heard that the woman intended to travel to Britain for an abortion if the result had been positive. The child was later born with the same genetic condition and needs constant care.

Because of the incorrect test, the mother claimed she was deprived of the ability to have an informed consent and to make an informed choice in respect of the continuance of her pregnancy. The case is the first “wrongful birth” case based upon the right to travel to succeed at the High Court.

Mr Justice Kevin Cross has ordered no detail can be published that would identify the mother and child. The mother had sued the Rotunda Hospital, Dublin, and Our Lady's Children's Hospital, Dublin. Full liability in the case was conceded by letter on June 13 last.

The letter stated that “in the particular circumstances of this case and in light of the outcome of the recent referendum repealing the Eighth Amendment to the Constitution,” liability was conceded and the public policy defence was withdrawn.

Mr Justice Cross, noting liability had been conceded, said he accepted that but he would have thought the result of the referendum had nothing to do with it.

Irish Independent. June 21.