PET PET
  • My Account
  • Subscribe
Become a Friend Donate
  • About Us
    • People
    • Press Office
    • Our History
  • Get Involved
    • Become a Friend of PET
    • Volunteer
    • Campaigns
    • Writing Scheme
    • Partnership and Sponsorship
    • Advertise with Us
  • Donate
    • Become a Friend of PET
  • BioNews
    • News
    • Comment
    • Reviews
    • Elsewhere
    • Topics
    • Glossary
    • Newsletters
  • Events
    • Upcoming Events
    • Previous Events
  • Engagement
    • Policy and Projects
      • Resources
    • Education
  • Jobs & Opportunities
  • Contact Us
  • About Us
    • People
    • Press Office
    • Our History
  • Get Involved
    • Become a Friend of PET
    • Volunteer
    • Campaigns
    • Writing Scheme
    • Partnership and Sponsorship
    • Advertise with Us
  • Donate
    • Become a Friend of PET
  • BioNews
    • News
    • Comment
    • Reviews
    • Elsewhere
    • Topics
    • Glossary
    • Newsletters
  • Events
    • Upcoming Events
    • Previous Events
  • Engagement
    • Policy and Projects
      • Resources
    • Education
  • Jobs & Opportunities
  • Contact Us
  • My Account
  • Subscribe
  • Privacy Statement
  • Advertising Policy
  • Thanks and Acknowledgements
PETBioNewsNewsCancer patients' compensation claim for lost sperm reaches Court of Appeal

BioNews

Cancer patients' compensation claim for lost sperm reaches Court of Appeal

Published 9 June 2009 posted in News and appears in BioNews 486

Author

Ben Jones

Image by Alan Handyside via the Wellcome Collection. Depicts equipment used for embryo biopsy.
CC0 1.0
Image by Alan Handyside via the Wellcome Collection. Depicts equipment used for embryo biopsy.

A group of legal claims over sperm samples lost due to a freezer breakdown in 2003 last week reached the Court of Appeal in London. Five men and the widow of a sixth are seeking compensation in respect of the lost sperm samples, which were taken before...

A group of legal claims over sperm samples lost due to a freezer breakdown in 2003 last week reached the Court of Appeal in London. Five men and the widow of a sixth are seeking compensation in respect of the lost sperm samples, which were taken before cancer treatments which have left several of the men infertile and the others unlikely to regain their fertility.


The equipment failure occurred at Southmead Hospital in Bristol and led to claims in negligence being brought by six parties against North Bristol NHS Trust. The claims were rejected on their first hearing, in March of this year, on the basis that sperm donations are no longer a part of a patient's body. In his ruling, His Honour Judge Jeremy Griggs, stated that the sperm was no more a part of the claimants' bodies than cut hair or toenail clippings and likened the saving of sperm to the removal of hair with the intention of making a wig to mask hair loss. As sperm could no longer be treated as a part of an individual once outside of the body it was concluded that its destruction did not amount to a personal injury (nor was it deemed to be property that could give raise to a claim for damages).


The appeal, heard over two days at the beginning of last week, was argued on the basis that the destroyed sperm was 'living and biologically active, albeit in a suspended state' and that it could still be used for the same purpose as if it had remained in the claimant's bodies. North Bristol NHS Trust has admitted that they breached their duty of care to the patients.


Due to the potentially significant implications of expanding the scope of personal injury law the appeal was heard before the Head of the Judiciary of England and Wales, Lord Chief Justice, Lord Judge; the most senior Civil Judge, Master of the Rolls, Sir Anthony Clarke; and Court of Appeal Judge, Lord Justice Wilson.


Counsel for the six claimants stated that the original trial judge's comparisons of the sperm to toenail clippings and hair cut off by a barber was not entirely apt and added that while a wig made of rescued hair would be no more a part of the body than a lambs-wool sweater, sperm samples are still functional in their original form and are merely awaiting further use. Counsel for North Bristol NHS Trust argued that the sperm was not property (as understood by the law), that it could not be owned and that to damage it was not to harm the original donor. Judgment on the appeal will be given at a later date.

Related Articles

Image by Alan Handyside via the Wellcome Collection. Depicts a human egg soon after fertilisation, with the two parental pronuclei clearly visible.
CC0 1.0
Image by Alan Handyside via the Wellcome Collection. Depicts a human egg soon after fertilisation, with the two parental pronuclei clearly visible.
News
12 November 2012 • 2 minutes read

Eggs grown in laboratory may offer fertility hope for young cancer patients

by Dr Charlotte Maden

British scientists have grown mature eggs from undeveloped ones in the laboratory and are currently seeking permission to fertilise them. The new research gives hope to young girls undergoing treatment for cancer that may leave them infertile...

Image by Alan Handyside via the Wellcome Collection. Depicts equipment used for embryo biopsy.
CC0 1.0
Image by Alan Handyside via the Wellcome Collection. Depicts equipment used for embryo biopsy.
News
9 June 2009 • 2 minutes read

Cancer patients win lost sperm compensation claim

by Ben Jones

The UK's Court of Appeal has found in favour of six patients in a group of legal claims made over sperm donations lost due to a freezer breakdown at Southmead Hospital in 2003. The ruling comes after the case was heard by the appeal courts in November...

Leave a Reply Cancel reply

You must be logged in to post a comment.

« Child born following whole ovary transplant

Data-Label The UK's Leading Supplier Of Medical Labels & Asset Labels

RetiringDentist.co.uk The UK's Leading M&A Company.
easyfundraising
amazon

This month in BioNews

  • Popular
  • Recent
13 June 2022 • 2 minutes read

Drop in diversity of blood stem cells leads to old-age health issues

4 July 2022 • 2 minutes read

Shorter IVF protocol reduces risk of OHSS

4 July 2022 • 2 minutes read

USA scrambles to understand implications of Roe v Wade on fertility industry

4 July 2022 • 2 minutes read

Genetic and epigenetic causes of IVF embryo arrest discovered

4 July 2022 • 2 minutes read

Dutch donor-conceived people seek answers

4 July 2022 • 2 minutes read

Genetic variant increases Alzheimer's risk, especially in women

Subscribe to BioNews and other PET updates for free.

Subscribe
  • Twitter
  • Facebook
  • Instagram
  • LinkedIn
  • YouTube
  • RSS
Wellcome
Website redevelopment supported by Wellcome.

Website by Impact Media Impact Media

  • Privacy Statement
  • Advertising Policy
  • Thanks and Acknowledgements

© 1992 - 2022 Progress Educational Trust. All rights reserved.

Limited company registered in England and Wales no 07405980 • Registered charity no 1139856

Subscribe to BioNews and other PET updates for free.

Subscribe
PET PET

PET is an independent charity that improves choices for people affected by infertility and genetic conditions.

  • Twitter
  • Facebook
  • Instagram
  • LinkedIn
  • YouTube
  • RSS
Wellcome
Website redevelopment supported by Wellcome.

Navigation

  • About Us
  • Get Involved
  • Donate
  • BioNews
  • Events
  • Engagement
  • Jobs & Opportunities
  • Contact Us

BioNews

  • News
  • Comment
  • Reviews
  • Elsewhere
  • Topics
  • Glossary
  • Newsletters

Other

  • My Account
  • Subscribe

Website by Impact Media Impact Media

  • Privacy Statement
  • Advertising Policy
  • Thanks and Acknowledgements

© 1992 - 2022 Progress Educational Trust. All rights reserved.

Limited company registered in England and Wales no 07405980 • Registered charity no 1139856