Serjeants’ Inn advocate secures damages for the future cost of surrogacy in the UK

Claire Watson secures damages for the future cost of surrogacy in clinical negligence proceedings: XX v Whittington Hospital NHS Trust [2017] EWHC 2318 (QB)

Claire appeared on behalf of the claimant, who developed cervical cancer and was left infertile due to the negligent failure of the Hospital Trust to correctly report on a number of smear tests and biopsies.

Following a contested trial, the claimant was successful in her claim for the future cost of surrogacy in the UK.  This is believed to be the first case in the UK in which the court has awarded damages for the cost of surrogacy in clinical negligence proceedings.

Although this claimant was not a minor or a protected party, in view of the sensitive and personal nature of her extensive injuries, Claire also successfully persuaded the court to grant an anonymity order for the claimant.

Claire was instructed by Anne Kavanagh at Irwin Mitchell.