A & B by C (Their Mother & Next Friend) v A– Health & Social Services Trust [2011] NICA 28 (24 June 2011)

A & B by C (Their Mother & Next Friend) v A– Health & Social Services Trust [2011] NICA 28 (24 June 2011)

No compensatable damage or injury occurred; skin colour difference is not legal damage. The Congenital Disabilities (Civil Liability) Act 1976 does not apply to healthy children. The claim fails as no legal wrong or actionable damage exists.

Citation
[2011] NICA 28
Parties
Plaintiffs/appellants: A and B by C (Their Mother and Next Friend); Defendant/respondent: A – Health and Social Services Trust
Jurisdiction
Northern Ireland
Judgment Date
24 June 2011
Procedural Posture
Civil Appeal / Appeal From High Court, Queen's Bench Division
Outcome
appeal dismissed
Legal Topics
Negligence, IVF Errors, Duty of Care, Congenital Disabilities, Emotional Distress
Tort Law Medical Negligence Family Law Negligence IVF Errors Duty of Care Congenital Disabilities Emotional Distress

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Parties

A and B by C (Their Mother and Next Friend)

Plaintiffs/appellants

A – Health and Social Services Trust

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court, Queen's Bench Division

Legal Issues

  1. 1 Whether a duty of care was owed to children born via IVF regarding donor selection.
  2. 2 Whether emotional distress from skin colour difference constitutes compensatable damage.
  3. 3 Applicability of Congenital Disabilities (Civil Liability) Act 1976 to healthy children born via IVF error.

Ratio Decidendi

No compensatable damage or injury occurred; skin colour difference is not legal damage. The Congenital Disabilities (Civil Liability) Act 1976 does not apply to healthy children. The claim fails as no legal wrong or actionable damage exists.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.