Damages for 'wrongful birth' parents ages for parents of quads

The parents of three surviving quadruplets have won the right to compensation over their "wrongful birth".

Vivien and Clive Heath sued Bromley Health Authority over the fertility treatment that resulted in the births of Kristian, Ellis and Matthew, who are all disabled, and Nathan, who died one day after he was born.

Adrian Whitfield QC told the High Court that the parents' claim was based on wrongful conception or wrongful birth of the quads. The health authority admitted liability in relation to the pre-conceptual events involved in the couple's claim and damages will now be assessed.

The couple, from Orpington, Kent, wanted a brother or sister for their son Ryan, aged six. But Mrs Heath, now 37, had difficulty conceiving and was referred to a consultant at Farnborough Hospital, where she was prescribed drugs to induce ovulation.

Mr Whitfield said that in such situations, it was mandatory that obstetricians did what they could by monitoring oestrogen levels and by ultrasound to ensure that, if there was over-production of eggs, their release was not triggered.

Unfortunately, Mrs Heath was not properly monitored and conceived quads, he said. "It is common ground between the experts that that sequence of events constituted a breach of duty to the mother. If properly treated, she would at some later cycle have probably conceived a singleton."

The children, who are all cared for at home, were born prematurely at 26 weeks on Christmas Eve, 1992. Kristian, who weighed 2lb 7 oz at birth, suffered a brain haemorrhage and now has cerebral palsy. Matthew, who weighed 2lb 1oz, and his sister, Ellis, who weighed 1lb 15oz, also have impaired skills.

Mrs Heath claimed that she should have been clearly warned about the dangers of a quadruple pregnancy and offered a reduction of the number of foetuses. The health authority denied that Mrs Heath was not offered that option.