Widow of Falklands war veteran wins legal battle to save frozen embryos

The widow of a Falklands war veteran has won a high court declaration giving her a “last chance” to have her late husband’s child.

Samantha Jefferies, 42, from East Sussex, was forced to go to court after the shock discovery that the 10-year period for storing the frozen embryos the couple had created had been inexplicably amended to two years and had since expired.

Jefferies and her husband, Clive, had been undergoing fertility treatment when he died suddenly, aged 51, of a brain haemorrhage.

A judge has now declared that the amendment to the storage period was not valid and the embryos, instead of being allowed to perish, can still lawfully be stored and used.

The declaration was made by Sir James Munby, president of the family division of the high court, who said he would give his reasons later in writing.

Jefferies said the judge’s decision was “overwhelmingly fantastic – just brilliant, amazing”.

Jefferies, an occupational therapist, said she did not have a plan for using the embryos soon but added: “I would love to be a mum.”

She thanked the judge for Googling the history of her husband, who served in the Royal Army Medical Corps and was onboard the transport ship Sir Galahad when it was bombed in the Falklands in 1982, killing 48 men.

She told the court her husband was “a wonderful man”, adding: “I want my husband’s child.”

The Human Fertilisation and Embryology Authority supported her application on the grounds that the amendment to the MT form – used to record consent for embryo storage – had not been signed by Clive Jefferies.

BMI Healthcare Ltd, which runs the Sussex Downs Fertility Centre where the couple received treatment, also supported her and funded her legal costs.

The judge said BMI seemed to have acted “with sensitivity and compassion”.

Jefferies paid tribute to all those who had supported her “commonsense” application and said: “It has given me faith in the law.”

In court, Jenni Richards QC told the judge: “Samantha has brought this case because the embryos she is seeking to preserve represent her last chance of having the child of her husband they had both so dearly wanted.”

Three embryos were created from Jefferies’ eggs and her late husband’s sperm, with consent for them to be stored for 10 years from August 11 2013. Her husband also consented to their posthumous use.

The couple met in 1999 and married in December 2006 and always wanted to have children, the court heard.

After trying naturally for many years, they were referred in 2013 for NHS-funded IVF treatment, said Richards.

A number of amendments were made to Clive Jefferies’ consent form, including one specifying a reduction in the storage period from 10 years to two.

Most of the amendments were countersigned by Clive Jefferies, but the change to the storage period was not, said Richards.

Jefferies did not know who made the amendment and it came as a shock when she discovered it.

Richards said it was likely the amendment was made to reflect the clinic’s policy at the time, which was to only offer storage for the period for which the NHS would provide funding.

There was evidence that the clinic had asked couples to amend their forms to two years if they had chosen a longer period of storage.

Granting Jefferies a declaration that storage and use was lawful until August 11 2023, the judge said: “I am just so sorry that people like you should have no idea that this can end up in court because of mistakes made by other people who should have known better.”

Widow of Falklands war veteran wins legal battle to save frozen embryos

Crohn"s sufferer issues determination to refuse her funding for eggs to be frozen

A substantial court judge has heard that the judicial evaluation action brought by Elizabeth Rose is ‘exceptionally urgent’. Photograph: Leigh Day/PA

A Crohn’s ailment sufferer is tough what she claims is an “unlawful” choice to refuse her funding for her eggs to be frozen ahead of she undergoes chemotherapy.

A judge at the substantial court in London heard on Tuesday that a judicial evaluation action brought by artist Elizabeth Rose, 25, from Margate, Kent, was “exceptionally urgent”.

Her barrister advised Mr Justice Jay that Rose, who was diagnosed with Crohn’s condition at the age of 14, faces imminent bone marrow transplantation and chemotherapy – remedy she fears will render her infertile.

Clinicians at King’s School Hospital in London utilized on her behalf for funding so her eggs could be frozen prior to treatment method. But Jeremy Hyam, representing Rose, stated there was a “continuing refusal” by Thanet Clinical Commissioning Group (CCG) to provide NHS-funded fertility preservation therapy – the most latest refusal was on 19 March.

Rose, who was present in court, launched the legal action in a bid to overturn the refusal and keep alive her hopes of one day possessing young children. She believes she is the victim of a “postcode lottery” as the treatment method is accessible to single women in other elements of the nation.

Rose, a Central Saint Martins University of Art and Design and style fine artwork graduate, stated she is established that the rules should be altered “as this remedy is turning out to be a lot more commonplace for Crohn’s disease sufferers and I would not want any other girl to have to go by way of this ordeal”.

In written argument ahead of the judge, Hyam submits that the refusal to fund the fertility preservation treatment method, which would expense £4,050, is unlawful “because it was and continues to be defended on the basis of a policy which is unlawful and out of date”.

He advised the judge: “The anticipated consequence for her if the fertility preservation remedy is not supplied is lifelong infertility and the inability to bear her personal genetic youngster. Oocyte cryopreservation takes a number of weeks to complete and consequently there is a quick window of opportunity.”

The case is being contested by Thanet CCG, which argues that its refusal is lawful. It has mentioned in a statement: “All Kent and Medway CCGs have agreed a policy on assisted reproductive methods, including in relation to the freezing of eggs.

“The policy all Kent and Medway CCGs have adopted, right after comprehensive consultation and clinical guidance, is that this certain method will not normally be funded by the NHS in Kent and Medway on the basis that there is inadequate proof to demonstrate effectiveness.

“We are really sorry about the distress this might lead to sufferers who are facing really hard individual conditions. Even so, we must use our limited public income to fund solutions for our population as a total and so are needed to get hard decisions on prioritising remedies.”

Merry Varney, from law firm Leigh Day, who is representing Rose, mentioned in a statement: “While we and our consumer appreciate there are constrained money obtainable, Great [the Nationwide Institute for Health and Care Excellence] reviewed the clinical proof and price-effectiveness of this treatment and has advisable it must be presented. Thanet CCG gives funding for fertility preservation for males and couples, also recommended by Wonderful on related terms. It can not be right to not fund this treatment method for girls like Lizzy.”

The judge reserved his choice.

Crohn"s sufferer issues determination to refuse her funding for eggs to be frozen