The High Court dismissed Daniel Byrne’s claim to recover the costs of rearing two children born after a sterilisation procedure performed on his wife failed.
Mr Justice Kelly delivered the judgment on 20 June 2007. The judgment said the claim concerned two children, Danielle and Damien Byrne. It described Daniel Byrne as the estranged husband of Bridget Byrne.
The court said the claim had to be read alongside its judgment that day in Bridget Byrne v John Ryan, case number 2002 No. 15260 P. In that case, the judge found in Bridget Byrne’s favour on negligence and awarded her general damages for undergoing a second tubal ligation and for the pain, suffering and inconvenience of pregnancy and childbirth.
However, the judge declined to award Bridget Byrne damages for the costs of rearing the children. Applying the reasons given in that related judgment, he held that Daniel Byrne was also not entitled to recover those costs. The action was dismissed.
The judgment does not set out the underlying evidence or further detail about the sterilisation procedure. Its stated outcome is limited to dismissing this claim for the children’s rearing costs.