Concern that case of abortion after wrongful diagnosis might be delayed by discovery

A couple whose healthy unborn baby was aborted as a result of being wrongly advised of a fatal condition are very anxious their case proceeds this week, rather than be delayed by discovery matters, the High Court has heard.

The defendants – Merrion Fetal Health, five of its consultants, the National Maternity Hospital and a laboratory, the Greater Glasgow Health Board (GGHB) – have all offered mediation, the judge was also told.

Moving a discovery application on Thursday, Emily Egan SC, for the clinic defendants and the NMH, served a notice of indemnity and contribution on the GGHB.

Her side’s case centred on the laboratory’s reporting of the results of the testing but, depending on what is in material being sought from the laboratory, it may focus on the analysis carried out.

Her side’s expert had advised, if a particular category of result was identified from the foetal sample, the laboratory should have attached a caveat to its report to the effect, in the presence of a normal ultrasound, there would be no move to abortion without further confirmation.

Luán Ó Braonáin, for the GGHB, said it was very surprised to have received the notice of indemnity and contribution this week. It is too late in the day for Ms Egan’s side to possibly make a different case against the laboratory and this discovery was being sought just days before the hearing, he argued.