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FOIL Update – Damages for the costs of Surrogacy

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  • FOIL
  • FOIL Ireland
  • FOIL select
  • London FOIL

The claimant /respondent was born in 1983. She had cervical smear tests in 2008 and 2012 and cervical biopsies in 2012. Each of these tests was negligently wrongly reported by the defendant/appellant. In 2013, when the errors were detected, her cervical cancer was too far advanced for her to have surgery which would preserve her ability to bear a child. She was advised to have chemoradiotherapy, which would result in her being unable to do so. Before having the treatment, she had eight eggs collected and frozen. The focus of this appeal was on the damages payable for the loss of the ability to bear her own child.

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