There were two hearings. In the first, judgment was given on 21st December 2020 allowing the Claimant to bring a claim under the Congenital Disabilities (Civil Liability) Act 1976 [“The Act”]. The Defendant argued that no such claim could be brought and that only the Claimant’s mother could bring a claim for wrongful birth.
To claim under the Act the Claimant had to show that there had been a wrongful act (negligent advice) leading to an occurrence (sexual intercourse in a folic acid deficient state) which resulted in a child born with disabilities due to that deficiency of folic acid. The judge found in the Claimant’s favour.
At the second hearing on liability, judgment was given on 1st December 2021. Judgment again was in favour of the Claimant. The judge concluded that the Claimant’s mother was not pregnant at the time of the consultation with the Defendant. She was not advised in accordance with the guidance to take folic acid prior to conception and for the first twelve weeks of pregnancy.