Torts: Cases and Commentary - LexisNexis
Torts: Cases and Commentary - LexisNexis
Torts: Cases and Commentary - LexisNexis
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14.1 Wrongful birth claims<br />
<br />
<br />
<br />
G & M v Sydney Robert Armellin [2008] ACTSC 68. Claim concerning IVF<br />
procedure alleging breach of duty of care in transferring two embryos when<br />
only one embryo requested. Inherent risk of multiple birth in IVF procedure.<br />
Causation in the context of failure to terminate one pregnancy or to release<br />
child for adoption.<br />
o Note: This decision was reversed on appeal G & M v Armellin [2009]<br />
ACTCA 6. The Court of Appeal held that the failure of the respondent<br />
to confirm the number of embryos for transfer with fertility centre<br />
staff was a breach of his duty of care to the appellants.<br />
Caven & Anor v Women's <strong>and</strong> Children's Health [2007] VSC 7. Birth of child<br />
with Down syndrome after alleged failure of defendant to detect associated<br />
heart defect on ultrasound. Claim by plaintiffs for cost of care <strong>and</strong><br />
maintenance of child. Limitations issues - whether claims are claims for pure<br />
economic loss.<br />
For a helpful discussion on issues in wrongful birth claims, see C Lake, The kid<br />
<strong>and</strong> the cash: Categorising damage in wrongful birth <strong>and</strong> wrongful<br />
pregnancy, (2009) 17 TLJ 55.<br />
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