MOTHER SUES OVER BABY’S LUNG DEFECT

Julie Shanks, 41, of Edinburgh, had a screening test to see if she was a carrier of the genetic condition when pregnant.

The result was negative – but her son was born with the life-threatening lung disease.

Ms Shanks is seeking damages from Lothian Health Board in an action at the Court of Session, claiming she suffered negligence in her antenatal care. The health board had argued it was not responsible for scientists who carried out the test, part of a research study by Edinburgh University’s human genetics unit.

But yesterday a judge rejected a move by the health board to have the case against it dismissed at a procedural hearing and allowed it to go ahead to a hearing of evidence.

Judge Lady Stacey said the matter was “very important” and referred to a leaflet issued to patients, which noted a positive test may eventually result in a patient being offered a termination.

She said: “It would in my opinion be open to the patient to think the hospital, in offering a test, was offering to analyse any samples given.”

Ms Shanks had attended the Eastern General Hospital in Edinburgh in 1994 and was sent a leaflet on cystic fibrosis testing.

She provided a sample which was sent to the Western General Hospital, also in Edinburgh, for testing – and was told it had come back negative.