Damages for extra cost of bringing up a disabled child

We acted for the Claimant, Mrs Parkinson, in the Landmark decision of the Court of Appeal. The Claimant had undergone a negligently performed sterilisation operation and subsequently gave birth to a child who is classed as "disabled".

The House of Lords case of McFarlane v- Tayside Health Board had previously decided, in November 1999, that the parents of a normal healthy child born following such an operation or, in the case of McFarlane, a failed vasectomy operation, could not claim for the costs of bringing up that child. However that case did not specifically deal with the position in relation to a disabled child.

The Court of Appeal have now decided in our favour on behalf of Mrs Parkinson that the Claimant can recover the extra expenses involved in bringing up a child with a significant disability.