[2007] LTLPI 18.05.09

Wrongful birth claim.

Defendant Trust had a policy of offering screening for Down’s syndrome to all pregnant women by way of blood test (“the triple test”). The First Claimant fell pregnant with twins and was advised the triple test was not appropriate for a multiple pregnancy. No detailed discussions undertaken for alternative methods of establishing risk of congenital abnormalities.

Subsequent scans did not reveal any abnormalities and C delivered twin daughters without any apparent difficulties. Babies were diagnosed with Down’s syndrome shortly following their birth. Claimants alleged Trust was negligent in failing to inform them of alternative screening options – private or NHS. They said had they received confirmation of the diagnosis, the pregnancy would have been terminated. Liability compromised 70/30 in favour of Claimants.

Twins displayed very challenging behaviour due to severe Down’s syndrome and required significant levels of care. It was unlikely they would be able to live by themselves. Their life expectancy was anticipated to be to 60 years but they were likely to develop Down’s syndrome dementia.

Court approved settlement £1,500,000 (General Damages £25,000).