Sperm loss – no liability in negligence: Yearworth and others v North Bristol NHS Trust (Exeter County Court, 12/3/08 – Judge Griggs)

摘要

The Claimants were all male cancer patients who, because of the nature of the treatment they were to undergo, had been advised that their fertility would be put at risk. Consequently, they all banked semen samples with the Trust. During the weekend of 28–29 June 2003, equipment used for storage of the sperm failed. The Claimants alleged that on learning about the loss, they had suffered psychologically and, in some cases, that they had lost the opportunity to father children, having failed to regain fertility following the treatment.