Category: psychiatric damage

Yearworth and Others v North Bristol NHS Trust

Court of Appeal

“A sample of sperm from a person undergoing chemotherapy, which a hospital stored in case he became infertile after the treatment, was that person’s property and its loss or damage was capable of establishing a claim in negligence.”

The Times, 10th February 2009

Source: www.timesonline.co.uk

Please note that the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Yearworth and others v North Bristol NHS Trust [2009] EWCA Civ 37; [2009] WLR (D) 34

“The sperm sample of a person undergoing chemotherapy treatment, stored by a hospital for his benefit for future use in case the treatment made him infertile, was property owned by him whose loss or damage entitled him to bring an action for negligence. Moreover, where the circumstances showed there was a bailment of the sperm to the hospital unit storing it, a cause of action for bailment could arise for its loss or damage sounding in damages for psychiatric injury and/or mental distress.”

WLR Daily, 5th February 2009

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.