October 3rd, 2008

A couple who had their baby taken away have been paid compensation at the European Court of Human Rights after they were cleared of child abuse.
The couple, who cannot be named for legal reasons, had their baby taken into care after a broken leg led doctors to believe they were abusing her.
However, brittle bone disease was later diagnosed and she was returned to her parents, the Daily Mail reports.
The couple took legal action against the doctors, claiming that they should have spotted the condition sooner, but this was rejected by British courts.
So, they took the case to the European Court of Human Rights, where the judge ruled it was against their civil liberties that they had not been able to sue the hospital.
"The applicants should have had available to them a means to claim that the local authority’s handling of procedures had been responsible for any damage they had suffered and to claim compensation," the judge concluded.
They have now been paid £8,000 in compensation for the breach of their human rights.
Article 13 of the Remedy for Violation of Rights Act states that everyone whose rights are violated shall have an effective remedy before a national authority, notwithstanding that the violation has been committed by persons acting in an official capacity.

Tags: Act States, Acting, Breach, British Courts, Brittle Bone Disease, Broken Leg, Child Abuse, Civil Liberties, Daily Mail, Doctors, European Court Of Human Rights, Local Authority, Parents, Remedy
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August 5th, 2008
A mother from Stonehaven, a town situated on the north-east coast of Scotland, has vowed to take a legal claim to the European court of human rights.
Wendy Stephen alleges that the MMR vaccine triggered health problems experienced by her daughter Katie.
Now 17, the youngster became ill and suffered a fever after she was given an early form of the vaccine as a toddler, the Press and Journal reports.
She is now deaf in her left ear and her family claims this is a result of being administered the substance.
Legal action was initially launched in 2001 against GlaxoSmithKline. However, Ms Stephen was refused legal aid on the grounds that not enough children had been affected by the vaccine, which was withdrawn from use in 1992.
She commented: "My next step is the European court of human rights and I will continue to fight like fury for my daughter, even if it means going to Strasbourg."
Meanwhile, a GlaxoSmithKline spokeswoman refused to make comment on the case.

Tags: Daughter Katie, European Court Of Human Rights, Fever, Glaxosmithkline, Health Problems, Left Ear, Legal Aid, Legal Claim, Medical Claim, Mmr Vaccine, North East Coast, Scotland, Spokeswoman, Strasbourg, Wendy Stephen, Youngster
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