Parents compensated for Down Syndrome birth

31st October 2006, Comments 0 comments

REIMS, France, Oct 30, 2006 (AFP) - A French court Monday awarded EUR 50,000 each to a couple with a Down Syndrome daughter, whose condition had not been diagnosed before birth, to compensate their monetary losses.

REIMS, France, Oct 30, 2006 (AFP) - A French court Monday awarded EUR 50,000 each to a couple with a Down Syndrome daughter, whose condition had not been diagnosed before birth, to compensate their monetary  losses.

The court also awarded them another 18,000 euros each in damages related to the condition. During the mother's pregnancy, her gynaecologist failed to diagnose Down Syndrome in daughter Catalina, born in 2001.

The couple received EUR 15,000 in damages from a court last year. But the parents launched an appeal after the European Court of Human Rights ruled France could not retroactively apply 2002 legislation, which ruled out monetary compensation for children born with handicaps.

In 2000, France's highest court recognized for the first time the right to claim damages for being born handicapped.

But the decision was thwarted by the 2002 legislation, stating that nobody can claim being harmed because of their birth, and limiting parents' compensation to "non-pecuniary damages".

Copyright AFP

Subject: French news

0 Comments To This Article