Appeal from the judgment of Yip J who determined that the costs related to the autism of Adejuwon, the respondent’s son, following his birth may be properly recovered by her and assessed damages in the agreed sum of pounds 9,000,000. Adejuwon suffers from both haemophilia and autism. The appellant admits that but for her negligence Adejuwon would not have been born because his mother would have discovered during her pregnancy that he was afflicted by haemophilia and so would have undergone a termination of the pregnancy. It is accepted by the appellant that the respondent is entitled to recover the additional costs associated with the condition of haemophilia. The issue at trial and on appeal is whether, as a matter of law, the appellant’s liability is limited to additional losses associated with Adejuwon’s haemophilia or whether she is liable for the additional losses associated with both his haemophilia and autism. Yip J granted permission to appeal.
[2019] EWCA Civ 152, [2019] PIQR Q3, [2019] 4 WLR 26, [2019] 2 All ER 607, (2019) 167 BMLR 62
Bailii
England and Wales
Citing:
Appeal from – Meadows v Khan QBD 23-Nov-2017
Claim for the additional costs of raising the claimant’s son, Adejuwon, who suffers from both haemophilia and autism. It is admitted that, but for the defendant’s negligence, Adejuwon would not have been born because his mother would have discovered . .
Cited by:
At CA – Khan v Meadows SC 18-Jun-2021
‘ A woman approaches a general medical practice for testing to establish whether she is a carrier of a hereditary disease. Tests which are inappropriate to answer that question are arranged. A general medical practitioner when informing her of the . .
These lists may be incomplete.
Updated: 19 June 2021; Ref: scu.633441