The High Court dismissed Patrick Ward’s claims for damages linked to a 1996 road crash involving his wife, finding that he had not established causation on the balance of probabilities. The court awarded no damages and did not decide whether Ward was suffering from the pain condition he alleged after a vasectomy.
Ward’s wife was injured when her car was struck by vehicles driven by Niall Sheridan and Christine Quinn near the junction of the Bray–Greystones Road and Redford Estate in County Wicklow on 6 February 1996. Her personal injury claim settled in 2007 for €325,000. A separate nervous shock claim by Ward’s mother also settled, for €45,000.
Ward was not in the car and suffered no injury in the crash. After his wife became pregnant, she travelled to England for a termination, having been advised about risks to her health. She was also counselled about sterilisation. Ward later discussed a vasectomy with her doctor and underwent the procedure on 6 March 1998.
He argued that the crash and his wife’s injuries led to the termination and vasectomy. He sought damages for alleged chronic post-operative orchalgia, as well as mental distress, depression, grief and anguish connected to the termination and the couple’s inability to have more children. The defendants disputed that he had suffered the alleged pain and argued that his claims were not legally recoverable or were too remote. They also challenged whether the termination was medically necessary and argued that other contraceptive options were available.
Justice Lavan concluded that Ward had chosen to undergo the vasectomy despite other contraceptive options and had been advised of its risks, including pain. The judge said it was therefore unnecessary to decide whether Ward was suffering from pain. The court found he had not proved that the defendants’ actions caused the losses claimed in connection with the vasectomy and dismissed that part of the case.
The court separately dismissed the claim concerning the loss of the baby. It again found that Ward had not established causation on the balance of probabilities. The judgment made no award of damages on either claim.