A Landmark Medical Negligence Win for a Catastrophically Injured Infant

Some cases are about more than compensation. They are about making sure a catastrophically injured child has the care, dignity, and support she will need for the rest of her life. 

In Bystedt v. Hay, Thomas Harding represented an infant plaintiff who suffered catastrophic brain damage after a herpes simplex virus infection and negligent post-birth medical treatment.   The case involved difficult medical causation issues, future care, non-pecuniary damages, and an in-trust claim for the extraordinary care provided by family members.  

The plaintiff succeeded at trial, and the result was upheld on appeal.  The case continues to be cited in Canadian damages law, particularly for future care and in-trust claims. 

Judgment links: Bystedt v. Hay, 2001 BCSC 1735; Bystedt v. Hay, 2003 BCSC 520; Bystedt v. Hay, 2004 BCCA 124.