Hertfordshire placenta smoothies firm ban over ‘health risk’ – BBC News

Posted May 16th, 2014 in food, health, human tissue, news by sally

‘A company cannot process raw placentas for new mothers to eat, after a judge ruled it posed a “health risk”.’

Full story

BBC News, 16th May 2014

Source: www.bbc.co.uk

Comments Off

Crohn’s patient Lizzie Rose loses egg-freezing case – BBC News

Posted April 16th, 2014 in assisted reproduction, health, human tissue, judicial review, news by tracey

‘A woman with Crohn’s disease has lost a legal challenge against a decision to refuse NHS funding to freeze her eggs.’

Full story

BBC News, 15th April 2014

Source: www.bbc.co.uk

Comments Off

Life after death – New Law Journal

‘Jonathan Herring explores a clear case of compassion from the courts.’

Full story

New Law Journal, 4th April 2014

Source: www.newlawjournal.co.uk

Comments Off

Warren v Care Fertility (Northampton) Ltd and another – WLR Daily

Posted March 20th, 2014 in assisted reproduction, consent, human tissue, law reports, time limits, widows by tracey

Warren v Care Fertility (Northampton) Ltd and another: [2014] EWHC 602 (Fam);  [2014] WLR (D)  135

‘Pursuant to section 3 of the Human Rights Act 1998, regulation 4(3)(b) of the Human Fertilisation and Embryology (Statutory Storage Period for Embryos and Gametes) Regulations 2009 was required to be construed in a purposive way so as to ensure compatibility with rights under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 6th March 2014

Source: www.iclr.co.uk

 

Comments Off

Frozen sperm fight ends in victory – BBC News

Posted March 14th, 2014 in assisted reproduction, consent, human tissue, married persons, news by tracey

‘A widow’s legal battle to keep her dead husband’s frozen sperm is finally over after the fertility regulator said it would not take the case back to the courts.’

Full story

BBC News, 13th March 2014

Source: www.bbc.co.uk

Comments Off

High Court rules dead partner’s sperm can be kept despite lack of written consent – UK Human Rights Blog

‘Elizabeth Warren -v- Care Fertility (Northampton) Limited and Other [2014] EWHC 602 (Fam). The High Court has ruled in favour of a 28-year-old woman who wanted her late husband’s sperm to be retained even though the correct written consent was not in place. Mrs Justice Hogg (“Hogg J”) ruled that Mrs Warren has a right under Article 8 of the European Convention on Human Rights (the right to respect for private and family life) to decide to become a parent by her deceased husband.’

Full story

UK Human Rights Blog, 12th March 2014

Source: www.ukhumanrightsblog.com

Comments Off

Widow wins battle over late husband’s sperm – Daily Telegraph

Posted March 7th, 2014 in assisted reproduction, consent, human tissue, married persons, news by tracey

‘Physiotherapist Beth Warren, 28, from Birmingham, today won a High Court   battle with the UK fertility regulator. A judge ruled in Mrs Warren’s favour after a trial in London. But Mrs Justice Hogg gave the Human Fertilisation and Embryology Authority (HFEA) the go-ahead to take the case to the appeal court.’

Full story

Daily Telegraph, 6th March 2014

Source: www.telegraph.co.uk

Comments Off

Beth Warren waits on sperm legal fight result – BBC News

Posted March 6th, 2014 in assisted reproduction, human tissue, married persons, news, time limits, widows by tracey

‘The High Court will rule later on a widow’s attempt to prevent her dead husband’s sperm from being destroyed.’

Full story

BBC News, 6th March 2014

Source: www.bbc.co.uk

Comments Off

Widow begins case to keep dead husband’s sperm – The Independent

Posted February 3rd, 2014 in assisted reproduction, human tissue, married persons, news, time limits, widows by tracey

‘A widow’s High Court case to preserve her late husband’s sperm has begun.’

Full story

The Independent, 31st Janaury 2014

Source: www.independent.co.uk

Comments Off

Baby’s organs ‘were kept for 15 years’, says mum – BBC News

Posted January 22nd, 2014 in children, consent, human tissue, news, pathologists by sally

‘The mother of a baby who died from cot death in 1998 has said his organs were kept for 15 years without her consent.’

Full story

BBC News, 21st January 2014

Source: www.bbc.co.uk

Comments Off

The right to her ill partner’s sperm – what are the issues in High Court “test case”? – Halsbury’s Law Exchange

Posted January 17th, 2014 in assisted reproduction, consent, hospitals, human tissue, judicial review, news by sally

‘A “test case” is reportedly being brought in the High Court in February 2014 to determine whether a woman has the right to “harvest” her seriously ill partner’s sperm.’

Full story

Halsbury’s Law Exchange, 16th January 2014

Source: www.halsburyslawexchange.co.uk

Comments Off

‘Let me keep my dead husband’s sperm’ – BBC News

Posted December 4th, 2013 in assisted reproduction, consent, families, human tissue, news, pregnancy, time limits by sally

‘A woman has begun a legal bid to prevent her dead husband’s frozen sperm from being destroyed.’

Full story

BBC News, 4th December 2013

Source: www.bbc.co.uk

Comments Off

The good Samaritan doctor and the Human Tissue Act – UK Human Rights Blog

Posted June 27th, 2013 in blood products, coroners, doctors, human tissue, news by sally

“You would have thought the law would be entirely behind a person who intervenes to help a stranger in distress. Indeed most civil law countries impose a positive duty to rescue, which means that if a person finds someone in need of medical help, he or she must take all reasonable steps to seek medical care and render best-effort first aid. A famous example of this was the investigation into the photographers at the scene of Lady Diana’s fatal car accident: they were suspected of violation of the French law of “non-assistance à personne en danger” (deliberately failing to provide assistance to a person in danger), which can be punished by up to 5 years imprisonment and a fine of up to 70,000 euros. But the position in common law countries like the UK and the United States is completely different: you can watch a child drown and not be held to account.”

Full story

UK Human Rights Blog, 26th June 2013

Source: www.ukhumanrightsblog.com

Comments Off

Woman who battled cancer must fight law to return ovary – Daily Telegraph

Posted February 15th, 2012 in assisted reproduction, cancer, EC law, human tissue, news by sally

“A woman left infertile by teenage cancer is having to battle the law to get doctors to give her back the ovary that she had frozen before chemotherapy.”

Full story

Daily Telegraph, 15th February 2012

Source: www.telegraph.co.uk

Comments Off

Missing British boy’s family given new hope with DNA victory – Daily Telegraph

Posted December 19th, 2011 in data protection, DNA, human tissue, medical records, missing persons, news by tracey

“The family of a British toddler who went missing 20 years ago have won a High Court battle to have his DNA released in a new attempt to trace him.”

Full story

Daily Telegraph, 17th December 2011

Source: www.telegraph.co.uk

Comments Off

Brüstle v Greenpeace eV – WLR Daily

Posted October 31st, 2011 in embryology, human tissue, law reports, patents by sally

Brüstle v Greenpeace eV (Case C-34/10); [2011] WLR (D) 305

“Any human ovum after fertilisation, any non-fertilised human ovum into which the cell nucleus from a mature human cell had been transplanted, and any non-fertilised human ovum whose division and further development had been stimulated by parthenogenesis constituted a ‘human embryo’ within the meaning of article 6(2)(c) of Parliament and Council Directive 98/44/EC of 6 July 1998 on the legal protection of biotechnological inventions (OJ 1998 L 213, p 13) and could not therefore be patented.”

WLR Daily, 18th October 2011

Source: www.iclr.co.uk

Comments Off

Couple win battle to save frozen embryos from destruction – The Times

Posted September 10th, 2009 in assisted reproduction, embryology, human tissue, news by sally

“A couple spoke of their joy and renewed desire to have children last night after ministers allowed them to keep frozen embryos that otherwise would have been destroyed.”

Full story

The Times, 10th September 2009

Source: www.timesonline.co.uk

Comments Off

Yearworth and Others v North Bristol NHS Trust – Times Law Reports

Posted February 10th, 2009 in bailment, human tissue, law reports, negligence, psychiatric damage by sally

Yearworth and Others v North Bristol NHS Trust

Court of Appeal

“A sample of sperm from a person undergoing chemotherapy, which a hospital stored in case he became infertile after the treatment, was that person’s property and its loss or damage was capable of establishing a claim in negligence.”

The Times, 10th February 2009

Source: www.timesonline.co.uk

Please note that the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Comments Off

Yearworth and others v North Bristol NHS Trust – WLR Daily

Posted February 6th, 2009 in bailment, human tissue, law reports, negligence, psychiatric damage by sally

Yearworth and others v North Bristol NHS Trust [2009] EWCA Civ 37; [2009] WLR (D) 34

“The sperm sample of a person undergoing chemotherapy treatment, stored by a hospital for his benefit for future use in case the treatment made him infertile, was property owned by him whose loss or damage entitled him to bring an action for negligence. Moreover, where the circumstances showed there was a bailment of the sperm to the hospital unit storing it, a cause of action for bailment could arise for its loss or damage sounding in damages for psychiatric injury and/or mental distress.”

WLR Daily, 5th February 2009

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Comments Off

Cancer sperm men win court battle – BBC News

Posted February 4th, 2009 in bailment, human tissue, negligence, news, psychiatric damage by sally

“Six male cancer patients have been told they can claim damages after a hospital freezer broke down and destroyed their frozen sperm.”

Full story

BBC News, 4th February 2009

Source: www.bbc.co.uk

Comments Off