High Court dismisses claim for child-rearing costs after failed sterilisation, ruling no entitlement exists for future expenses.
Irlanda (IE)
Sintesi Legislator
Generato dall'IAThe High Court dismissed the plaintiff's claim to recover costs for raising two children born following a failed sterilisation procedure on his wife. While the plaintiff argued that the defendant was liable for the consequences of the medical negligence, the court relied on its prior finding in the wife's case that no damages for future rearing expenses were appropriate. Consequently, the court held that the plaintiff had no legal entitlement to such costs and rejected the action entirely.
Regesto Legislator
Generato dall'IASections 1 and 2 of the Law Reform (Miscellaneous Provisions) Act 1955; The court held that where a child is born as a result of a failed sterilisation, the claimant has no entitlement to recover damages for the costs of rearing that child.
Parole chiave
Generato dall'IAGiurisprudenza citata
Generato dall'IATesto completo
Neutral Citation Number: [2007] IEHC 206
THE HIGH COURT
[2003 No. 14595 P]
BETWEEN
DANIEL BYRNE
PLAINTIFF
AND
JOHN RYAN
DEFENDANT
Judgment of Mr. Justice Kelly delivered the 20th day of June, 2007
1. This judgment must be read in conjunction with that delivered today in the case of Bridget Byrne v. John Ryan [2002 No. 15260 P].
2. The plaintiff is the estranged husband of Bridget Byrne. He brings this claim to recover the costs of rearing two children Danielle
and Damien Byrne who were born subsequent to a failed sterilisation which had been carried out on his wife.
3. In Bridge Byrne’s case I found in her favour on the question of negligence and awarded general damages in respect of having to
undergo a second tubal ligation and for the pain, suffering and inconvenience involved in the pregnancy and birth of the two children.
I declined to award damages for the costs of rearing the two children.
4. For the reasons stated in my judgment in Bridget Byrne’s case I hold that there is no entitlement on the part of the plaintiff in this
action to recover such damages either.
5. Consequently this action is dismissed.