XX v Whittington Hospital NHS Trust [2018] EWCA Civ 2832 (19 December 2018)

…appeal brought by C… upon the assessment of damages for admitted negligence of R in failing to detect… signs of cancer both from smear tests carried out in 2008 and 2012 and from biopsies performed in 2012 and 2013. C developed cancer of the cervix for which she required chemo-radiotherapy treatment which in turn led to infertility and severe radiation damage to her bladder, bowel and vagina. [1]

The principal issue is whether the judge was correct in law to refuse C’s recovery of damages for expenses of surrogacy arrangements which she intended to make, either in the state of California in the United States of America or, alternatively, in this country… The second issue is whether J was correct to differentiate between “own egg” and “donor egg” surrogacies. The third issue is whether, dependent upon our decision upon the surrogacy issues, there should be any reduction in the damages awarded for pain, suffering and loss of amenity (“PSLA”). [2]

…allow C’s appeal… [95]