The return of the IVF compo case

johnboy 12 February 2009 109

Just when you thought it was safe to go back in the IVF clinic the hated “Melbourne Lesbian Couple” are hitting back with an appeal according to the ABC.

For those who came in late… the couple want all the costs paid to them of a second child they had after IVF treatment. To get this they’re pursuing their now long retired obstetrician, the much loved Doctor Sydney Robert Armellin, through the courts.

We had thought it was all over when they were sent packing but they appear to have deep pockets for lawyers, if not for the raising of their children:

    “Last year Justice Annabelle Bennett ruled the birth mother failed to confirm with the fertility clinic staff about the number of embryos to be transferred.

    Today the couple’s lawyers told the court that inference was wrong and that a strict system was not in place.”

It’s a real shame the courts have chosen to maintain the couple’s privacy. Some community pressure might be a good thing here.

UPDATED: The ABC now reports that the couple have won their appeal and have had $317,000 in costs awarded.


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Vix Vix 10:29 am 28 Feb 11

BerraBoy68 said :

Now, wow the hell can you tell a same sex animal? And even if you could, how could a lesbian cow stop a half ton bull from doing what comes naturally to him? But please ‘Myself’, go to the local farm and take a poll of the animals to see how many are gay. Once you have this information, ask how many of the gay ones have had offspring. I think you’ll find out the farmyard operates a little differently from human society.

Just for the record, the expression “I won’t stand for it” comes from the fact that unless a cow (or other female animal) stands still, the bull has Buckleys of getting his way. Having watched several bulls at different times chasing cows around the paddock, I would say you’re totally wrong on this point…

As for “same sex animals” – ever heard of the Bonobos?

cleo cleo 2:50 am 28 Feb 11

I suppose if you asked for one embryo only, and the doctor implanted two, you would be cheesed off, as I was when I had asked a doctor for one particular thing and got another, with caused complications.

Whatsup Whatsup 12:39 pm 15 Feb 09

The only winner here is the lawyers. They have increased their profile and got a nice payment in the process.

The parents have some money however they will find out soon enough that it doesn’t buy happiness and fix their issues. The children will find out at some point and who knows what that will do for them. The community will pay more for their doctors because the insurance premiums will go up.

A pretty crappy result in my opinion.

SheepGroper SheepGroper 9:19 am 15 Feb 09

Pandy said :

Why give IVF children to Lesbians or single mothers?

I didn’t think they were given, more sold, as it takes $$$?

Myself said :

The human being cannot exist without equilibrium. ie: balance. Life and the universe, decrees that there shall be a balance for all forces. So I ask, how can balance be achieved when your child tells their friends that they have 2 moms or 2 dads. A common response is that “we will home school our children”. How the hell does that make them fit into and be a normal part of society ?. Wether we like it or not, this situation is not normal. I said it before, how many same sex animals do you see having offspring ??????????

The answer is “none”.

How can two adults who either by personal choice or by genetic disposition bring up a child in a balanced way within our modern society ?.

Lizards, there’s a species of lizards that’s all female, they have lesbian sex to trigger the egg laying procedure. There you go, there’s your universal balance precedent. In most species males abandon the female after mating, that’s balance, are you going to try that? What about religions/cults where you have a harem going on? What’s the point at looking at other species to form your idea of morality when it comes to sexuality, as there’s a whole range of options out there, maybe humans aren’t universally balanced because they can’t bud another human off their body, or create another human by cuttings like plants?

Also, didn’t you notice the news items about the trouble zoos were having with gay couples of hard to sex animals? Just as in humans, other species have individuals who pair up in a homosexual relationship, aquire a baby from somewhere and raise it successfully.

But what is this crap about balance? Haven’t you noticed that there’s only perfect unending balance in a dead system? When you claim “The human being cannot exist without equilibrium” haven’t you noticed humans exist in some perfectly dreadful conditions, they don’t drop dead just because some woo woo notion of balance is shattered.

pelican pelican 10:22 pm 14 Feb 09

It seems illogical to me that one can sue on the basis of, what sounds like, post natal depression and a feeling of not coping after birth. This is very normal even if only one baby was born.

From purely a legal point of view if the mother asked for only one embryo and the doctor ignored it and she got two then that is only basis for the court case. The case should be determined purely on that basis.

The rest is just window dressing.

monomania monomania 3:48 pm 14 Feb 09

When I first heard of this case I was appalled that these two parents would sue. I wonder if they would have if their names were not suppressed. This was done supposedly because knowledge of it would impact on the twins when they found out that one of them was so unwanted that compensation was required and that one of them was a mistake. Plenty of kids find out that although they were unplanned they are loved unconditionally. Maybe these twins need to know that this wasn’t the case and may explain one or another of their parents attitude to them. Why should the doctor involved be named while they hide behind their children.

Fading Lantern Fading Lantern 1:06 pm 14 Feb 09

The newspaper was also reporting that the $318k awarded included the cost of sending the child to a ‘Steiner’ designer private school – what a load of bollocks…..

BerraBoy68 BerraBoy68 10:42 am 14 Feb 09

I’ve just sat and read through this thread and have to say I’m saddened on a number of fronts, but mainly:
1 – at a pathetic couple who sued a wonderful man who does great things:
2 – illogical arguments; and
3 – warped thinking on disabled kids.

My wife and I went through IVF in Canberra and have the most amazing son, now almost 7yrs old. Luckily nature kicked in after this and we now have an absolutely beautiful daughter who came along naturally. But to sue anybody involved in IVF for giving you kids is just beyond my understanding.

Now, wow the hell can you tell a same sex animal? And even if you could, how could a lesbian cow stop a half ton bull from doing what comes naturally to him? But please ‘Myself’, go to the local farm and take a poll of the animals to see how many are gay. Once you have this information, ask how many of the gay ones have had offspring. I think you’ll find out the farmyard operates a little differently from human society.

Lastly, having your own views on disabled kids is fine but before bashing away on your keyboard, engage that thing between your ears and try to use words that don’t cause offence to those that may be reading your post. Other Rioters do have disable kids in their families. I am one and while I hope other Rioters believe me to be an even tempered person, if I ever hear anybody use the word that you use in post #48 to describe these beautiful and much loved kids – going into moderation would be the least of my worries.

The Brad The Brad 9:55 am 14 Feb 09

Myself,
You raise a very strong argument except that saying that
The human being cannot exist without equilibrium. ie: balance. is just incorrect. Thousands of single parents and widows/widowers do an ok job, don’t they? It’s not as easy, but manageable.
I personally think 2 mummies or 2 daddies would possibly do a better job than a single parent, as they have a “balance” of opinions.

johnboy johnboy 8:42 am 14 Feb 09

Let’s try and take the personalities out of this thread in future shall we?

Having said that “Myself” while you’re free to advocate for infanticide (for all that troubles me), and while I salute that at least you’re being honest about it unlike thousands every year who quietly do it and blame cot death, I think it’s a stretch to expect people to congratulate you for this piece of free thinking.

Now if we can keep future comments free of personal abuse and actually on the topic at hand that would be a really good idea campers.

Oh and Muttsy, chill, it’s a promotion based on number of comments.

VYBerlinaV8_the_one_they_all_copy VYBerlinaV8_the_one_they_all_copy 8:34 am 14 Feb 09

I only believe in gay marriage when both chicks are hot.

jessieduck jessieduck 2:56 am 14 Feb 09

Myself said :

I meant, “How can two same sex adults”

Yeah, no, we get it. You’re an idiot.

Myself Myself 12:57 am 14 Feb 09

I meant, “How can two same sex adults”

Myself Myself 12:56 am 14 Feb 09

Muttsybignuts, I’m with you all the way with your latest post. I would like people to please consider the following….

The human being cannot exist without equilibrium. ie: balance. Life and the universe, decrees that there shall be a balance for all forces. So I ask, how can balance be achieved when your child tells their friends that they have 2 moms or 2 dads. A common response is that “we will home school our children”. How the hell does that make them fit into and be a normal part of society ?. Wether we like it or not, this situation is not normal. I said it before, how many same sex animals do you see having offspring ??????????

The answer is “none”.

How can two adults who either by personal choice or by genetic disposition bring up a child in a balanced way within our modern society ?.

Granny Granny 12:42 am 14 Feb 09

I love you too, Pandy!

: )

Myself Myself 12:40 am 14 Feb 09

All of this because of a “couple” who could not have their designer lifestyle. If you want to ream me about my opinions, why not ream
this “couple” about their dumb ass life choices……………………. ?

Pandy Pandy 12:39 am 14 Feb 09

Granny, I luv u

Muttsybignuts Muttsybignuts 12:38 am 14 Feb 09

Maybe I started out on the wrong foot. I didn’t set out to offend anyone. I just made a statement regarding the original topic.
For the record I have no problem with IVF. We have attempted it several times.
I have no problem with same sex couples. My sister is gay and I love her and her partner a great deal.
I definitely do not have a problem with people with disabilities. I have worked in a Canberra service that supports severely disabled people for the past 16 years.
I am a little surprised at the venom that comes out so easily on this forum but I guess if it makes people happy then so be it.
Namaste

Muttsybignuts

Granny Granny 12:38 am 14 Feb 09

Myself said :

As for disability-hating, I don’t hate disabilities. I just would like the option of avoiding them when it comes to my own kids.

Kids deserve unconditional love. If you can’t offer them that, how dare you bring them into the world! Heaven forbid they should have a car accident and be brain-damaged, ’cause you sure as hell won’t be there for them. You’ll no longer love them. No longer care for them. Run out on them. A fairweather parent is not a fit parent. Period.

Pandy Pandy 12:37 am 14 Feb 09

Please children. No name calling or Father John will yield a big schtick

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