In Whittington Hospital NHS Trust v XX (2020), the claimant became infertile due to the hospital's negligence in diagnosing her cervical cancer. She sought damages for surrogacy costs. Could damages for commercial and non-commercial surrogacy using donor eggs could be recovered?
Surrogacy Damages: The Supreme Court ruled that damages could include the costs of commercial surrogacy abroad and non-commercial surrogacy using donor eggs, marking a significant expansion in what can be recovered in personal injury cases involving fertility loss.
