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| Version 1 | Version 2 |
|---|---|
| Cancer sperm men win court battle | Cancer sperm men win court battle |
| (10 minutes later) | |
| Six male cancer patients have been told they can claim damages after a hospital freezer broke down and destroyed their frozen sperm. | Six male cancer patients have been told they can claim damages after a hospital freezer broke down and destroyed their frozen sperm. |
| Five said they had suffered psychiatric problems as a result of the incident at Southmead Hospital in Bristol. | Five said they had suffered psychiatric problems as a result of the incident at Southmead Hospital in Bristol. |
| The Court of Appeal ruled the samples, given after the patients were warned chemotherapy could make them infertile, belonged to the men. | The Court of Appeal ruled the samples, given after the patients were warned chemotherapy could make them infertile, belonged to the men. |
| The judges ruled the six men could therefore claim damages for the loss. | The judges ruled the six men could therefore claim damages for the loss. |
| Mental distress | Mental distress |
| Lord Chief Justice, Lord Judge, said: "The men had ownership of the sperm. | Lord Chief Justice, Lord Judge, said: "The men had ownership of the sperm. |
| "The sole object of their ejaculation of the sperm was that, in certain events, it might later be used." | "The sole object of their ejaculation of the sperm was that, in certain events, it might later be used." |
| Lord Judge, Master of the Rolls Sir Anthony Clarke and Lord Justice Wilson overturned a County Court judge's ruling which found the men had no claim against North Bristol NHS Trust. | Lord Judge, Master of the Rolls Sir Anthony Clarke and Lord Justice Wilson overturned a County Court judge's ruling which found the men had no claim against North Bristol NHS Trust. |
| The three appeal judges ruled the men could now claim for psychiatric injury or mental distress. This hearing will now be heard at Exeter County Court. | The three appeal judges ruled the men could now claim for psychiatric injury or mental distress. This hearing will now be heard at Exeter County Court. |
| In his ruling, Lord Judge said: "The sole object of their ejaculation of the sperm was that, in certain events, it might later be used for their benefit. | |
| "The (hospital) unit extended, and broke, a particular promise to the men, namely that the sperm "will be stored...at minus 196°C. | |
| "The appeals raise interesting questions about the application of common law principles to the ever-expanding frontiers of medical science." |