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The return of the IVF compo case

By 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.

What’s Your opinion?


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109 Responses to
The return of the IVF compo case
Cletus 2 11:08 pm 12 Feb 09

It’s ****ing morons like these, aside from giving humanity a bad name and wasting my oxygen, who drive up the cost of insurance, ultimately passed down to the consumer or resulting in venues or activites simply closing down completely. We’re all paying these two clowns their 300k.

But the real morons are the ones who made the decision.

Quokka 9:31 pm 12 Feb 09

Hopefully some mandated reporter will file a report with Child Protective Services that the lawsuit is prima facie evidence of emotional abuse. These people don’t deserve to have children!

sepi 9:24 pm 12 Feb 09

And Dr Armellin may think about retiring, despite Canberra’s chronic shortage of obstetricians (like all medical services in the ACT.)

sepi 9:23 pm 12 Feb 09

Does this mean they got their costs reimbursed but no compo for the child they didn’t want? Or is there still compo to come?

This case is the ultimate in selfishness.

Obstetrician fees will go up yet again as their insurance goes up yet again.
Lesbian access to IVF will be debated again.
IVF doctors will decline to transfer two embryos in future.
And these women’s poor little daughters will be very confused when they find out about all this one day.

imhotep 9:06 pm 12 Feb 09

Vic Bitterman said :

(VB)”… such an attitude of theirs sickens me. What values will they instill in these poor kids?”

Hopefully a litigious attitude. They can then sue their parents.

bd84 8:46 pm 12 Feb 09

They don’t deserve any children let alone any money the way they have acted. I feel sorry for their childen who have to put up with parents (loosely put) like this. What’s worse is the continued idiocy coming from judges like this. I hope the doctor is able to appeal again.

Vic Bitterman 8:01 pm 12 Feb 09

vg said :

I’d love to be a fly on the wall when these selfish creatures have to try and explain to one or both of the children how they sued their doctor because one of them was a ‘mistake’.

Well said mate, such an attitude of theirs sickens me. What values will they instill in these poor kids?

Skidbladnir 7:48 pm 12 Feb 09

Remind me to sue Ansell next time a condom breaks.

Soolin 7:27 pm 12 Feb 09

How terrible that the appeal was succesful. It’s certainly not how the law should treat this matter.

BerraBoy68 7:26 pm 12 Feb 09

What an utterly selfish and miserable pair these two are! I agree with harvyk1 at post #3, some people shouldn’t have, nor do they deserve, kids.

DJ 7:24 pm 12 Feb 09

I don’t think they are capable of shame… along with several other human feelings.

vg 7:09 pm 12 Feb 09

I’d love to be a fly on the wall when these selfish creatures have to try and explain to one or both of the children how they sued their doctor because one of them was a ‘mistake’.

But then again I’m guessing that neither will ever have the intestinal fortitude to do it after they look back with shame on what they did.

harvyk1 6:48 pm 12 Feb 09

If you’ve ever wanted proof that some people just should not have kids, this is it.

Spectra 5:30 pm 12 Feb 09

Looks like they’ve won this time around according to the ABC.

jimbocool 4:51 pm 12 Feb 09

Dr Armellin is not retired- he still has a thriving O&G practice (we’re still in the midst of a baby boom).

As for the case itself, I’m not surprised they are appealing as, by my reading of the Judgement, they very nearly won.

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