Irreparable loss of crioconserved preembrants and moral damage of widow

Abstract

Condemn jointly of the Community of Madrid and the Insurance Company as a liability of property, for the abnormal operation of public services, which extends to the technical fault of maintenance of the laboratory that does not perform the necessary checks and cause the loss of Cryopreserved embryos. Compensation for moral damages resulting from the loss of embryos that had been obtained from reproductive material of her deceased husband. It is considered that there is no responsibility for the performance of the medical team, although it was not informed of the term of twelve months for the use of reproductive material of the deceased husband. There is no moral damage for the irreparable loss of these embryos because the term for their implantation had already expired.