A married couple who lost a baby in 1988 as a result of a misdiagnosis of the wife's blood type has been awarded €20,400 in damages by the First Hall of the Civil Court.
Mr Justice Joseph Zammit McKeon delivered this judgment following a writ of summons filed by Andrew and Maria Brincat against the Chief Government Medical Officer, the Medical Superintendent of Mater Dei (formerly St Luke's) Hospital, the Minister for Energy and Health and the Parliamentary Secretary for Health.
In their writ Mr and Mrs Brincat told the court that while pregnant with her first child, Mrs Brincat's blood was tested at St Luke's Hospital and in May 1987 she was told that her blood type was A Rhesus Positive. Their first child, Nicole, was born in June of that year.
During her second pregnancy Mrs Brincat's blood type was again tested twice in May 1988 and this time it resulted that her blood type was A Rhesus Negative. This showed that the first blood type testing had been incorrect.
The Brincats claimed that the stillbirth of their second child in July 1988 was a direct result of the error in the blood typing as Mrs Brincat had not been given Anti-D which was an essential treatment in the case of A Rhesus Negative blood type women aimed at preventing the mother from producing antibodies which could harm the unborn child.
In their writ the Brincats claimed that they had suffered damages as a result of the negligence on the part of the authorities.
Defendants denied the allegations on the part of Mr and Mrs Brincat.
Mr Justice Zammit McKeon declared that it clearly resulted that the first blood test on Mrs Brincat's blood carried out at St Luke's Hospital in 1987 had been erroneous. This error had had serious consequences.
The court-appointed medical expert confirmed that the first blood test had been mistaken. A woman who had Rhesus Negative blood type had to receive Anti-D after the first pregnancy as otherwise any subsequent child she had who was of a Rhesus Positive blood type was at risk of complications due to Rhesus Incompatibility. This could lead to the still birth of a subsequent child.
Mrs Brincat's husband had a Rhesus Positive blood type and this meant that there was a 99 per cent chance of any child of theirs being born with Rhesus Positive blood and a greater risk of developing Haemolytic Disease of the Newborn (HDN).
The court then found that the Director General (Health Department) (formerly the Chief Government Medical Officer), the Medical Superintendent of Mater Dei Hospital, the Minister for Energy and Health and the Parliamentary Secretary for Health were responsible for the damages caused to Mrs Brincat and her husband.
When liquidating the damages suffered by the Brincats the court heard that in the third pregnancy, following the stillbirth, Mr and Mrs Brincat, together with their first child, went to the UK for six months in order for the pregnancy to be monitored and adequate treatment given. In fact, Mrs Brincat delivered a healthy child.
According to the court it was proven that they had been obliged to travel due to the lack of precautions in the first pregnancy which had resulted in the stillbirth of the second child.
The court found that the request by Mr and Mrs Brincat to be reimbursed for their flights and accommodation with the Franciscan nuns in London and subsequent accommodation in a rented flat to be justified.
In conclusion the court ordered the Director General (Health Department) (formerly the Chief Government Medical Officer), the Medical Superintendent of Mater Dei Hospital, the Minister for Energy and Health and the Parliamentary Secretary for Health to pay Mr and Mrs Brincat €20,400 in damages