The case has now been brought before the Brno City Court, where the family into which the child was born from the embryo of a foreign woman and who kept them asked the clinic for compensation of 1.5 million euros (about 40.3 million crowns). The second woman, who miscarried the first couple’s child, is not part of the meeting.
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The case, which according to experts is unparalleled, is all the more complicated because both families come from abroad. Judge Ondřej Sekvard was in charge of resolving the difficult case, who on Wednesday tried to move both the family and the clinic’s representative to an agreement instead of a lengthy court trial.
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“It must be said in advance that awarding an amount of EUR 1.5 million is out of the question. It is an excessive amount in the area of personality protection and compensation for personal injury, “Judge Sekvard pointed out before the trial began, referring to a comparable case of confusion of children in the Třebíč hospital, where the courts calculated compensation at just over three million crowns.
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Lawyer: At least one million euros
The clinic offered the family a satisfaction in the amount of 400 thousand euros (10.8 million crowns), although after finding out about the mistake, the offer began, according to the family’s lawyer, at a disproportionately lower amount.
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“They originally offered 50 thousand euros (1.35 million crowns), we could not accept that, because the consequences are really fatal. We had to go to court because the parents’ claim could lapse, but the child and his sibling are not in danger, “explained the lawyer, who represents the whole family.
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The lawyer also pointed out that the clinic had committed an administrative offense according to the decision of the State Institute for Drug Control, and the clinic’s mistake was described as highly serious and dangerous. “Our offer is that we can agree on the amount of one million euros, larger amounts have already fallen in out-of-court agreements,” the lawyer pointed out. On the contrary, the representative of the clinic pointed out that the room for increasing the amount of 400 thousand euros is only small.
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In the end, the case did not start in the Brno court, because after the pressure of Judge Sekvard, both parties agreed that they would try to reach an agreement in the next two months. In the event of a court proceeding, in addition to the time-consuming nature, there is also a risk of costing due to the need to pay a court fee, experts and the costs of lawyers for participation in court.
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