35 judgments found.

Yearworth v. North Bristol NHS Trust

Country: United Kingdom
Year: 2009
Court: Court of Appeal, Civil Division
Citation: [2009] EWCA Civ 37
Health Topics: Chronic and noncommunicable diseases, Hospitals, Medical malpractice, Mental health, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to property
Facts:

Six men appealed the decision of the Exeter County Court that denied recovery in tort for the damage of their sperm held in frozen storage at a facility run by the North Bristol NHS Trust (the “Trust”). All six of the men were diagnosed with cancer and were advised that chemotherapy was the appropriate treatment. …Read more

Tags: Assisted reproductive technology, Cancer, Compensation, Damages, Depression, Duty of care, Family planning, Fertility, Health facilities, In utero fertilization, In vitro fertilization, Infertility, Negligence, Public hospitals, Remedies, Standard of care, Tort
Download Judgment: English

Yolanda v. Regional Healthcare Department of the Generalitat Valenciana

Country: Spain
Year: 2009
Court: Supreme Court
Citation: STS 16-11-2009 Appeal No. 4426/2008
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Sexual and reproductive health
Human Rights: Right to health, Right to social security
Facts:

The plaintiff sued the defendant, Regional Healthcare Department of the Generalitat Valenciana (RHD) for a refund of medical expenses following its denial of fertilization treatment. The plaintiff was carrying a genetic illness multiple endocrine neoplasia type II (MEN II). She had surgery after being diagnosed with the disease. Subsequently, the plaintiff decided she wanted to …Read more

Tags: Access to health care, Access to treatment, Assisted reproductive technology, Emergency care, Fertility, Health funding, Health insurance, In vitro fertilization, Infertility, Out-of-pocket expenditures, Pregnancy, Private hospitals, Public hospitals, Reimbursement, Social security, Tertiary care
Download Judgment: English Spanish

Case of Dickson v. The United Kingdom

Country: United Kingdom
Year: 2007
Court: The European Court of Human Rights
Citation: Application no. 44362/04
Health Topics: Health care and health services, Prisons, Sexual and reproductive health
Human Rights: Right to family life
Facts:

The applicants met and married while both were incarcerated via a pen-pal program. The applicants wished to conceive a child. However, given Ms. Dickson’s age at the time of Mr. Dickson’s earliest release date, it was unlikely they would be able to have a child without the use of artificial insemination facilities. As such, the …Read more

Tags: Access to health care, Assisted reproductive technology, Detention, Imprisonment, In utero fertilization, Incarceration, Inmate, Jail, Pregnancy
Download Judgment: English

Case VII SA/Wa 185/07

Country: Poland
Year: 2007
Court: Voivodeship Administrative Court - Warsaw
Health Topics: Health care and health services, Health systems and financing, Sexual and reproductive health
Human Rights: Right to social security
Facts:

On August 2006, the Director of the Voivodeship Branch of the National Health Fund rejected the application of the plaintiffs for the reimbursement of the costs incurred during the plaintiff’s in vitro fertilization procedure. The plaintiffs had neither obtained a physician’s referral for the in vitro treatment nor filed an application with the Director of …Read more

Tags: Assisted reproductive technology, Diagnostics, Examination, Fertility, Health care technology, Health funding, Health insurance, In vitro fertilization, Infertility, Out-of-pocket expenditures, Pregnancy, Reimbursement, Social security
Download Judgment: English Polish

Falcón, María Liliana v. Hospital Vidal

Country: Argentina
Year: 2006
Court: Superior Provincial Court of Justice in the Province of Corrientes [Superior Tribunal de Justicia de Corrientes]
Citation: Falcon Maria Liliana c/ Hospital Vidal de la ciudad de Corrientes y/o Ministerio de Salud Publia de Corrientes y/o Estado de la Provincia Decorrientes s/ Amparo, Expediente Nº 25438/05, Superior Tribunal de Justicia de Corrientes (STJ Ctes.)(Superior Tribunal of Justice: highest provincial court in the province of Corrientes), 12/4/2006 (Arg.).
Health Topics: Health care and health services, Health systems and financing, Informed consent, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life, Right to health, Right to liberty and security of person
Facts:

Falcon María Liliana filed anguarantee of protection of individual constitutional rights (amparo protection) against a hospital in Argentina for refusing to perform a sterilization procedure during the birth of her seventh child. The plaintiff had requested doctors to perform a ligation of her Fallopian tubes, and/or any other necessary procedure, during a planned caesarean section …Read more

Tags: Access to treatment, Assisted reproductive technology, Birth control, Contraception, Contraceptives, Family planning, Fertility, Health facilities, Informed choice, Patient choice, Public hospitals, Sterilization
Download Judgment: English Spanish

AB v. The Attorney-General for the State of Victoria

Country: Australia
Year: 2005
Court: Supreme Court of Victoria
Citation: (2005) 12 VR 485; [2005] VSC 180
Health Topics: Informed consent, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to due process/fair trial
Facts:

AB’s husband passed away from a motor vehicle accident in the state of Victoria. The couple usually resided in the Australian Capital Territory (ACT). In vitro fertilization (IVF) treatment was available in the ACT, but s 43 of the Infertility Treatment Act 1995 (IT Act) prohibited the use of a dead man’s sperm for a …Read more

Tags: Assisted reproductive technology, Family planning, In vitro fertilization, Informed choice
Download Judgment: English

Sanchez Villalobos, Ana Victoria and Others v. Costa Rica

Country: Costa Rica
Year: 2004
Court: Inter-American Commission on Human Rights
Citation: Sanchez Villalobos v. Costa Rica, Case 12.361, Inter-Am. Comm’n H.R., Report No. 25/04, OEA/Ser.L/V/II.122, doc. 5 rev. 1 (2004).
Health Topics: Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to family life, Right to health, Right to life, Right to privacy
Facts:

Petitioner, a man seeking treatment for infertility, alleges on behalf of others seeking treatment that the Government of Costa Rica’s prohibition on access to in vitro fertilization, one of the treatments available, constitutes violations of Articles 1, 2, 4, 5, 8, 11(2), 17, 24, 25, 26 and 32 of the American Convention on Human Rights, …Read more

Tags: Access to treatment, Assisted reproductive technology, Family planning, Fertility, Health care technology, In utero fertilization, In vitro fertilization, Infertility, Pregnancy
Download Judgment: English Spanish

Zheng Xuefeng and Chen Guoqing v . People’ s Hospital of Jiangsu Province [郑雪峰、陈国青诉江苏省人民医院医疗服务合同纠纷案)]

Country: China
Year: 2003
Court: Intermediate People’s Court of Nanjing City [中华人民共和国江苏省南京市中级人民法院]
Health Topics: Health care and health services, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information
Facts:

The Plaintiffs Zhen Xuefeng and Chen Guoqing were a married couple seeking a fertility treatment. They signed a contract regarding such assisted reproduction with defendant People’s hospital of Jiangsu Province (“People’s hospital”). The contract did not specify which of two fertilization techniques (Intra-Cytoplasmic Sperm Injection (“ICSI”) or In Vitro Fertilization (“IVF”)) would be used, however …Read more

Tags: Assisted reproductive technology, Compensation, Damages, Emergency care, Fertility, Health care technology, In utero fertilization, In vitro fertilization, Inappropriate treatment, Infertility, Informed choice, Involuntary treatment, Non-consensual testing and treatment, Patient choice, Public hospitals, Remedies, Unauthorized treatment
Download Judgment: English Chinese

Ganter v. Whalland

Country: Australia
Year: 2001
Court: Supreme Court of New South Wales
Citation: (2001) 54 NSWLR 122; (2001) 28 Fam LR 260; [2001] NSWSC 1101
Health Topics: Sexual and reproductive health
Human Rights: Right to family life, Right to property
Facts:

Ms. Ganter had had her eggs removed, fertilized with semen from Mr. Whalland (her partner of eight years, with whom she was in a de facto relationship) and frozen, in accordance with an agreement (the “Agreement”) made between Ms. Gantar, Mr. Whalland and the fertilization company. After Ms. Gantar and Mr. Whalland separated, Ms. Gantar …Read more

Tags: Assisted reproductive technology, Family planning, In utero fertilization, In vitro fertilization, Infertility
Download Judgment: English

Re Evelyn

Country: Australia
Year: 1998
Court: Family Court
Citation: (1998) 145 FLR 90; (1998) 23 Fam LR 53; (1998) FLC 92-807; [1998] FamCA 55
Health Topics: Child and adolescent health, Mental health, Sexual and reproductive health
Human Rights: Right to family life
Facts:

“Evelyn” was born to Mrs. S as a result of a surrogacy arrangement with Mr. and Mrs. Q. Mr. and Mrs. Q and Mr. and Mrs. S had been close friends for some years and had shared several joint holidays. Mrs. Q had discussed her infertility with Mrs. S and after much deliberation, Mrs. S …Read more

Tags: Assisted reproductive technology, Child development, Childbirth, Children, Family planning, Fertility, In utero fertilization, Infertility, Minor, Psychology
Download Judgment: English