Current Affairs Court orders compensation in baby-swap case
A Brno court has ordered Třebíč hospital in Moravia to pay a total of 3.3 million crowns in damages to the families of two baby girls who were accidentally switched at birth, a fact that only came to light ten months later. The court ruling was unprecedented and has evoked heated debate in the media regarding how one can put a price tag to this kind of trauma.
Illustrative photo
Photographers jostled for position as the couple made their way to the
packed courtroom to hear Friday’s verdict. The court was expected to
assess the depth of human suffering and attach a price tag to a hospital
error that resulted in two couples forming close bonds with a child that
was not their own. The story broke late in 2007 shortly after one of the
fathers asked for a DNA test without his partner’s knowledge and was told
that his daughter was not his biological child. His partner denied it and a
second DNA test revealed that she was not the biological mother either.
They contacted the hospital and eventually their daughter was traced,
living with a family who also had a baby girl on that same day. Needless to
say the revelation turned both couples lives’ upside down. They swapped
the children in the midst of a media circus and underwent counseling to
help them carry on with their lives and form new bonds with their
biological child.
When the hospital offered them a ridiculously small compensation package
(300,000 crowns –or 13,000 dollars each ) they took the case to court.
The court ruled that the hospital should pay them 3.3 million crowns
altogether, though not everyone got the same amount.
Jaroslava and Jan Čermák and Jaroslava Trojanová (right) are going to get the compensation, photo: CTK
The verdict was passed on the basis of a series of psychological tests
with the parents. The man who started the whole affair by secretly ordering
a DNA test got the smallest amount of money on the grounds that he
reportedly knew what he was getting into. His partner, who has often said
she’d be better off not knowing, is to receive 700,000 while the other
couple –whose marriage is said to breaking up as a result of this crisis
received several hundred thousand crowns more each. Surprisingly, even the
children did not get the same amount – one got 300,000 crowns, the other
150,000 - depending on how stable and loving an environment they lived in -
before and after the swap.
Both couples have accepted the verdict, but they say that no amount of
money can make up for what they have gone through and what may still lie
ahead for them. Although the baby girls appear to have settled down fairly
well in their new environment, psychologists say that one cannot rule out
traumas later in life. Meanwhile, the two sets of parents are much worse
off. Both admit to having serious problems and sticking together only for
the sake of the children.
Despite appeals for greater privacy they remain very much in the
limelight.
Meanwhile, the wave of DNA testing that followed shortly after the story
broke has now receded. The very public suffering of these two families has
indicted just how painful such a discovery may be and how difficult it
sometimes is to make decisions relating to the future.





