Woman left infertile after NHS failed to detect cancer for four years

Lord Justice McCombe, sitting with Lady Justice King and Lady Justice Nicola Davies, said: “Clearly, Ms X proposes to do nothing which is unlawful on her part.”There is nothing in our statute which tells us that what she wants to do is in any way counter to the law or the morals of UK statutes.”Finding that the ban on commercial surrogacy was “expressly limited to acts done in the UK”, the judge said that “there seems to me to be an incoherence in depriving her of her claim at the outset when she personally proposes no wrongdoing, either under Californian law or under our own law”.Lord Justice McCombe added that it “cannot conceivably be said now that surrogacy as such is contrary to the public policy of our law”, and that it would be “overkill” for the court to prevent XX recovering the cost of surrogacy in California.Whittington Hospital NHS Trust argued at a hearing in November that awarding XX the costs of commercial surrogacy would be “enabling what amounts to a criminal offence”.Lord Faulks QC, for the Trust, said a 2001 Court of Appeal ruling, which held that the cost of commercial surrogacy in California was irrecoverable, was “binding”. But XX’s barrister Christopher Johnson QC argued that public policy had moved on.He added that his client had “suffered a litany of admitted failures at the defendant’s hands” which caused “progression from a benign wholly treatable pre-cancerous condition to a highly invasive cancer”.He concluded: “In Ms X’s traumatic and unusual circumstances expenditure on California surrogacies is reasonable.”Lord Justice McCombe agreed that public policy was not “ossified for all time”, finding that “the law no longer requires a bar to recovery of the damages claimed by Ms X on public policy grounds”.The court also reduced the amount of general damages awarded to XX by £10,000.XX’s solicitor Anne Kavanagh from Irwin Mitchell said: “This is a tragic case where, due to no fault of her own, my client has suffered grievous injuries including infertility at a young age.”It is now almost 10 years since her first smear test was wrongly reported by the Whittington Hospital, when she was 25 years old.”Her only hope of becoming a mother is by surrogacy using her own eggs which were harvested just before she started chemo-radiotherapy, as well as using donor eggs.”She is delighted that the Court of Appeal has granted her the costs of that treatment in California, where she will have the security of a legally enforceable agreement to protect her as well as the surrogate and baby in the event of any dispute, something which would not be available to her under English law.” Want the best of The Telegraph direct to your email and WhatsApp? Sign up to our free twice-daily  Front Page newsletter and new  audio briefings. A young woman left infertile because her cervical cancer was not spotted for more than four years has been awarded the costs of having surrogate children in America by the Court of Appeal.Whittington Hospital NHS Trust admitted negligence in failing to detect signs of cancer, leading to the woman, known only as XX, developing highly invasive cancer requiring chemo-radiotherapy treatment, which left her infertile at the age of 29.The High Court awarded XX a total of £580,000 in damages last year, including the costs of fertility treatment, cryopreserving her eggs and having children by surrogacy in the UK.However, XX’s claim for the costs of four surrogacies in California, where commercial surrogacy is legal and binding, was dismissed as the court found that commercial surrogacy was still illegal in the UK and therefore contrary to public policy.–– ADVERTISEMENT ––But, giving judgment in London on Wednesday, senior judges allowed her appeal, meaning XX will now receive as much as an additional £560,000 to cover the cost of having children with commercial surrogates in the US.Her solicitors Irwin Mitchell say the ruling is the first time the costs of surrogacy in the USA have been awarded in a claim for clinical negligence. read more

Shaft Sinkers awarded Mali contract

first_imgShaft Sinkers has been awarded the development contract for Randgold Resources’ Yalea underground mine at the Loulo complex in Mali.  Shaft Sinkers’ Divisional Director – Sinking and International, Louis Germishuys, says that the underground development contract will significantly enhance the value and extend the life of the Loulo mine.Shaft Sinkers’ scope of work on the project includes the establishment of the boxcut, the sinking of a 4.5 x 4.5 m twin decline system which, when complete, will amount to 25,000 m of decline and associated development. Rob Schroder, Shaft Sinkers’ Divisional Director – Commercial, notes that site preparation for the twin decline system has already started and the boxcut and portal construction will commence soon. Sinking of the declines is scheduled to begin in the last quarter of this year, and the project is expected to be completed by December 2009. “Yalea is not only Shaft Sinkers’ flagship contract for Randgold Resources, but also the company’s first project in Mali. However, with our proven track record in Africa, we are confident that we will complete the contract safely, on time and within budget,” Schroder explains. Loulo underground manager, Thinus Strydom says that the underground plan has been updated and integrated with the open pit plan. Additional areas of synergy between the open pit and underground operations which also include the Loulo 0 mine are being worked on.last_img read more