Waller v James

The case of *Waller v James* concerned a claim brought by the parents of a child born with a genetic disorder, alleging that they were not provided with correct genetic information prior to undergoing an in vitro fertilisation (IVF) procedure. The child subsequently suffered a permanent disability as a result of a stroke occurring shortly after birth. The proceedings were heard in the Court of Appeal of New South Wales.

The central legal issues before the court were whether the medical practitioners owed a duty of care to the parents regarding the provision of genetic information, the content and scope of that duty, and whether the harm suffered by the child was caused by any breach of that duty. The court also considered whether the claim constituted pure economic loss and the principles of remoteness, specifically whether the harm was within the scope of the duty owed and reasonably foreseeable. The appeal also involved a challenge to the findings of fact made by the trial judge.

The Court of Appeal upheld the trial judge's findings, applying established principles of negligence. The court determined that medical practitioners owe a duty of care to prospective parents undergoing IVF to provide accurate genetic information. This duty extends to informing them of the risks associated with genetic conditions and the availability of genetic testing. The court found that the harm suffered by the child, while severe, was not so remote as to fall outside the scope of the duty owed, as the risk of adverse medical events, including those leading to the child's disability, was a foreseeable consequence of the breach. The court also applied principles of appellate restraint in reviewing the trial judge's findings of fact.

The appeal was dismissed, and the appellants were ordered to pay the respondent’s costs of the appeal.