A claim for damages for an unwanted pregnancy occurring after a failed sterilisation. The plaintiff claimed damages for her economic losses. She issued only four years after the birth.
Held: The limitation period ran from the date of conception. Such a claim fell to be treated akin to an action for personal injuries.
Times 03-Jul-1995, [1995] 1 WLR 1543
Limitation Act 1980 11(1)
England and Wales
Cited by:
Cited – Farraj and Another v King’s Healthcare NHS Trust and Another QBD 26-May-2006
The claimants sought damages after the birth of their child with a severe hereditary disease which they said the defendant hospital had failed to diagnose after testing for that disease. The hospital sought a contribution from the company CSL who . .
Cited – Yearworth and others v North Bristol NHS Trust CA 4-Feb-2009
The defendant hospital had custody of sperm samples given by the claimants in the course of fertility treatment. The samples were effectively destroyed when the fridge malfunctioned. Each claimant was undergoing chemotherapy which would prevent them . .
These lists may be incomplete.
Updated: 09 June 2021; Ref: scu.90256
