The woman who gave birth to a stranger’s child after a mix-up in sperm
samples has sued those she believes are responsible for the tragic
bungle.
The 36-year-old mother of two is waging a legal battle
against Thomson Medical, Thomson Fertility Clinic, and two embryologists
for general and special damages.
According to court documents,
the special damages, which include the loss of her earnings and medical
expenses will amount to about $750,000. General damages are to be
determined by the court.
This landmark in-vitro fertilisation mix-up case is expected to set a precedent here for similar legal battles.
The
Straits Times reported that the woman claimed to be in “mental agony”
whenever her second child was seen by others to be different from its
older sibling, also conceived through IVF.
She also asked the
court to factor in that her second child would have to be financially
provided for on a level similar to her sibling.
The cost of the
child’s upbringing had become a cause of concern after her husband, a
senior executive in a car company, did not express that he wanted to be
named as the child’s father on its birth certificate.
In a
statement to The Straits Times, Thomson Fertility Centre responded that
they had "acknowledged the unfortunate incident and accepted its
responsibilities in the IVF matter”, adding that they had expressed
their sincere apologies and extended assistance, waiving all hospital
and doctor’s charges.
“TFC will not deny the clinical error was
made, but the real issue is what the reasonable quantum of compensation
should be.” It read.
TFC was fined $20,000 last year for failing to ensure suitable practices were followed in the IVF procedure.
Court
documents showed that the woman and her husband, who are now in
Beijing, noticed “marked differences” in their second child’s skin tone
and hair colour after it was born in October 2010.
They later
discovered that the baby had a different blood group and further tests
showed that there was no paternal link between the child and the woman’s
husband.
Court documents filed by the woman’s lawyer, Straits
Law’s S. Palaniappan, described the couple as “utterly devastated” and
“torn between their love for the newborn on the one hand, and social,
legal, and economic implications on the other.”
Source: http://sg.news.yahoo.com/mum-of-ivf-mix-up-baby-sues-hospital-.html;_ylt=AjcimnDmyuEct2dahGIhWDUCV8d_;_ylu=X3oDMTN2N3Z2MjVxBG1pdANUb3BTdG9yeSBTaW5nYXBvcmVTRgRwa2cDM2MzODVmODktNjJkMC0zMDliLThhNmMtZDlkMmI4MTFiMWM0BHBvcwMxOQRzZWMDdG9wX3N0b3J5BHZlcgNkYTk5ZWMwMS1iYWFiLTExZTEtYmJmZS01NWYyM2NmNmY4Mjc-;_ylg=X3oDMTFuZGgwbmp1BGludGwDc2cEbGFuZwNlbi1zZwRwc3RhaWQDBHBzdGNhdANzaW5nYXBvcmUEcHQDc2VjdGlvbnM-;_ylv=3
The child is innocent.
after reading the article....
i realised that the child must be unloved by her parents.
after all, the child is innocent, she didn't choose to be fertilised by another sperm.