Facts
- Walters’ baby suffered an epileptic fit on birth due to the admitted negligence of the hospital
- The baby would therefore never have any quality of life
- The baby’s life support systems were turned off with consent and the abby died in Walters’ arms over a period of 36 hours
- Walters suffered severe mental injury
Issue
- Could recovery of a secondary buy xanax silk road victim be allowed if there was no sudden shock as per Alcock.
Decision
- Recovery allowed
Reasoning
- As there was progression of the event over 36 hours, and the elements of proximity and causation are linked, recovery could be allowed without any significant legal step – one drawn out event
Citation
[2002] EWCA 1792
