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Article: Tuesday Law Report: Claimant not entitled to damages to cover cost of surrogate pregnancy Briody v St Helen's & Knowsley Area Health Authority Court of Appeal (Lord Justice Henry, Lord Justice Judge and Lady Justice Hale) 29 June 2001
- Article from:
- The Independent (London, England)
- Article date:
- July 3, 2001
- Author:
CopyrightCopyright 2001 The Independent - London. Provided by ProQuest LLC. (Hide copyright information)
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IN A claim for damages for medical negligence as a result of which
the claimant was unable to bear children, a claim for the costs of a
surrogate pregnancy was unreasonable.
The Court of Appeal dismissed the appeal of Margaret Patricia
Briody against a decision that the defendant, St Helen's & Knowsley
Area Health Authority, was not liable to pay damages to cover the
cost of a surrogate pregnancy after she was rendered unable to bear
children as a result of its negligence.
The claimant first became pregnant at the age of 17, but she lost
the child following an emergency caesarean section in 1972. The
following year she lost a second child during labour and a sub-total
hysterectomy was ...