Caven v Women's and Children's Health

The case involved the plaintiffs, Caven, who brought an action against the Women's and Children's Health Network for the alleged failure to detect a heart defect in their unborn child during an ultrasound. The plaintiffs sought compensation for the cost of care and maintenance of their child who was born with Down’s Syndrome and the associated heart defect. The dispute reached the court, which was required to determine whether the Limitation of Actions Act 1958 Part 2A applied to the plaintiffs’ claim, and if so, whether the claim was barred by the statutory limitation period.

The court needed to decide several key legal issues. These included whether the claim was for damages relating to personal injury to the person, whether the husband’s claim related to the personal injury, whether the claims were for pure economic loss, and if the claims were discoverable more than three years before the proceedings were initiated, thereby barring them under section 27D. Additionally, the court had to consider whether it was just and reasonable to grant an extension of time for the claim, and whether section 23A of the Limitation of Actions Act applied to the plaintiffs' claim.

In reaching its decision, the court examined the nature of the claims made by the plaintiffs. It concluded that the claims did relate to personal injury to the person, as the alleged failure to detect the heart defect led directly to the birth of a child with significant medical needs. The court found that the claims were not purely economic loss but rather damages relating to personal injury. Given that the claims were not discoverable until the child was born, and the plaintiffs filed the action more than three years after the birth, the claims were potentially barred by section 27D. However, the court considered it just and reasonable to grant an extension of time under section 23A, finding that the plaintiffs had acted promptly once the injury became apparent.

The final orders of the court were that the claims were not barred by the statutory limitation period under section 27D, and an extension of time was granted under section 23A of the Limitation of Actions Act. The plaintiffs' action against the Women's and Children's Health Network was therefore allowed to proceed.