Lorraine Williamson
A Spanish man from Cádiz is demanding €1 million in damages from the Andalucian Health Service (SAS) after discovering that he is not the biological father of his daughter. The revelation came following a paternity test in February 2023, two years after he and his wife underwent IVF treatment at Hospital Puerta del Mar in Cádiz.
An internal hospital investigation in November 2023 pointed to a possible error in the collection and handling of sperm samples during the IVF process.
Compensation offer deemed insufficient
The Consejo Consultivo de Andalucía, the advisory body of the Junta de Andalucía, has proposed compensation of €120,000. However, the couple’s lawyer has dismissed this amount as “completely inadequate.” He argues that the impact on the family has been severe and that their family dynamics have been fundamentally disrupted.
The lawyer also criticised the calculation method used by the Consejo Consultivo, which bases compensation on traffic accident claims, equating the child’s suffering to the loss of a parent.
SAS admits responsibility
The SAS has acknowledged the mistake, confirming that a sperm mix-up occurred during the IVF process. The hospital has accepted responsibility, and the case is set to go to court in June to determine the compensation amount.
IVF safety protocols under scrutiny
The case has raised concerns about the safety of assisted reproduction procedures in Cádiz. The Junta de Andalucía has launched an investigation to determine whether the error resulted from human negligence or systemic flaws in protocol.
Patient advocacy groups have urged the Public Prosecutor’s Office to investigate possible criminal liability and assess whether similar incidents have occurred in the region.
Legal battle for justice
The couple remains determined to fight in court for higher compensation and justice. Their case highlights the emotional and legal complexities surrounding medical errors in reproductive medicine.
The upcoming trial is expected to set a precedent for future claims related to IVF errors in Spain.
Also read: Number of births in Spain reaches historic low since 1941