In search of a “baby-drug” to treat their first child, a Spanish couple continued the Belgian clinic responsible for in vitro fertilization of two embryos who have proved non-compatible donors.
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The birth of a child may result in prejudice that deserves financial repair: it is the meaning of the judgment rendered by a Chamber of the Court of First Instance of Brussels. This verdict was pronounced a few months ago and had gone unnoticed until lawyers and Dutch-speaking newspapers wondering on its reach, Tuesday, November 23. Sharply in the file of a “baby-drug”, gave rise to cure the incurable illness of his brother, the Brussels court overturned a Belgian and international jurisprudence that the birth of a well-bearing baby can not be analyzed as a Too bad to repair.
The business, complex, begins in 2010 when, on the advice of his doctor, a Madrilene couple goes to the clinic of Flemish Flemish University of Brussels (VUB), one of the European institutions. more famous. The couple had a little boy with beta-thalassemia, a genetic disease of hemoglobin. The only treatment that can definitively eradicate this condition is a marrow transplant from a non-carrier person of the relevant gene and compatible with the recipient. The parents, who did not fulfill these conditions, therefore thought of a fertilization in vitro likely to give birth to a baby says “drug”, because capable of saving his brother.
Belgian doctors have generated three embryos, one of which was diagnosed as a potential donor – had to be transferred. But the clinic was mistaken and two embryos only were implanted, with the birth of twins of which he turned out, in addition, that no compatible donor finally was. Always looking for a solution, the couple resorts in 2018 to a new fertilization in Madrid, which leads to the birth of a donor baby. The marrow transplant on the elder could be carried out in 2020.
“impoverishment” due to births
The couple went to the Belgian justice to claim a penalty against VUB and a repair of moral and material damage. The parents invoked the fact that they wanted two children and had now four. The Tribunal gave them reason: he gave a moral compensation of 27,000 euros to the mother and 11,000 euros to the father, as well as a material compensation of 25,000 euros to the couple, on the grounds of the “shock” suffered when he learned that twins could not serve as donors and “fear and risks” generated by a new pregnancy.
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