A couple who asked the High Court to rule that the Irish Family Planning Association and a doctor should contribute to the rearing of their child because of an alleged failed vasectomy loved their daughter and were "very happy" to have her, a solicitor said yesterday after the action was settled.
Aircraft maintenance engineer Mr David Brick and his wife Valerie, of Orlynn Park, Lusk, Co Dublin, settled their action for damages against the IFPA and Dr John O'Keeffe, with addresses at Synge Street, Dublin, on undisclosed terms which include a monetary payment - believed to be about £30,000 - and legal costs.
The Bricks had sued for medical expenses, loss of earnings, travel expenses and damages.
At the opening of the action on Wednesday, they claimed that in early 1992, Mr Brick sought advice from the IFPA and Dr O'Keeffe and was told he would require a vasectomy operation to render him irreversibly sterile. The operation was carried out on April 23rd, 1992.
Mr Brick claimed he was told not to have unprotected sex with his wife until two consecutive negative semen counts were achieved.
Six specimens were sent and on receipt of the third negative result, Mr Brick was told contraceptive devices would no longer be required.
Two months later, he discovered the operation had failed and his wife became pregnant with their fifth child, he claimed.
The alleged failure, it was submitted, was due to negligence, breach of duty of care, breach of contract and misrepresentation on the part of the defendants.
The couple claimed they suffered severe personal injury, anguish, distress and anxiety.
Their claim for special damages included medical fees and "expenses of rearing and educating a fifth child to maturity".
Mr Brick alleged he had refused overtime on numerous occasions because he felt he was needed at home to assist his wife and family.
In a separate claim, Mrs Brick alleged she would have to retain babysitters for a longer period of time and would have the additional cost of schooling and normal maintenance of a child.
Following the settlement, Mr Ciaran Lawlor, of Lawlor O'Reilly and Co, solicitors, for the Bricks, said if his clients had been treated more considerately and courteously, they would not have been in court.
The purpose of going to court was not financial; they had no alternative because of breaches of procedures in the clinic, he said.
Mr Lawlor said the Bricks felt there had been a lack of sensitivity in the way they were treated but were happy with the outcome of the case.
They had suffered frustration and annoyance, the solicitor added. If they had been treated in a more courteous or conciliatory manner they would never have issued proceedings.
The Bricks themselves did not make any comment following the settlement. Evidence in the action had not opened before it was resolved.
Earlier yesterday, Mr Kieran Fleck SC, for the defence, said the case was the first of its kind in Ireland and asked whether, in terms of public policy, it was appropriate to have it heard in court.
He said the nature of the claim could imply that the child was "unwanted" and that the cost of the child would have to be borne by a third party. That was not a suggestion or implication that should be made in court, he argued.
Mr Fleck pointed to a negligence action taken in Britain by a woman who gave birth after being sterilised.
The court in Britain had ruled that the birth of a healthy baby was "a beneficial and not a detrimental event", he said.
Mr Fleck had not concluded his submissions when the hearing adjourned until the afternoon. When it was due to resume, Mr Alan Mahon SC, for the Bricks, announced the settlement to Mr Justice O Caoimh.