It’s the first case of it’s kind in the country.
An Irish woman with a rare genetic condition took out a case for wrongful birth after she was denied her right to travel for an abortion.
The mother asked to be tested during her pregnancy to see if her child would also have the same debilitating condition.
She planned to travel for an abortion should the results show that the child would also be disabled but the test falsely came back with a normal result.
Her child was born with the rare genetic condition and now needs 24-hour care.
The mother claimed that because of the incorrect test results she was deprived of the ability to make an informed choice on the continuance of her pregnancy.
The mother has sued The Rotunda Hospital, Dublin and Our Lady’s Children’s Hospital, Dublin and the case was conceded by letter on June 13.
It was claimed during the proceedings that the mother, as a carrier of a rare genetic condition, was concerned for her unborn baby.
She attended sessions with a genetic counsellor at Our Lady’s Hospital and a special test was arranged at the Rotunda Hospital.
Mr Justice Cross approved the interim payment of €1.8m for the next four years.
The family intend to use the money to take care of their severely disabled child but also to have it as a safety net should anything happen to either of them, leaving their child unable to fend for themselves.
According to the Irish Times the family’s legal team released the following statement
“The worry and concern as to what care facilities would be available for this child into the future and indeed after the death of the parents has now been allieviated.”
