Parents of a twin baby who died from injuries at birth have begun legal proceedings against Calvary Healthcare ACT in the Supreme Court. Photo: Lizzie Waymouth.
CONTENT WARNING: This article contains distressing content.
The parents of a twin girl who died from injuries sustained during her birth have been permitted to sue Calvary Healthcare ACT.
Born in April 2022, the girl died three weeks later.
Her parents began civil proceedings in the ACT Supreme Court, claiming damages for personal injury arising from alleged negligence of Calvary Healthcare before and during the birth of their daughters.
The parents applied for leave to bring the proceedings, which Chief Justice Lucy McCallum granted in March 2025 before publishing the reasons for her decision on Wednesday (23 April).
While the mother gave notice of a medical negligence claim in December 2022, it first came before the court in December 2024.
Chief Justice McCallum said she was satisfied there was an urgent need to begin the proceedings and ultimately granted leave to start them.
“In light of the period of time that has passed since the death of the plaintiff’s daughter, allegedly as a result of the defendant’s negligence, and the mental state of each plaintiff, I was persuaded that there was an urgent need to commence proceedings,” she said.
The court heard both parents had been diagnosed with several mental health conditions resulting from the alleged negligence and the death of their daughter.
The matter will return to court on 28 July.
“Canberra Health Services (CHS) is aware of this matter and we express our deepest sympathies to [the] family for their loss,” a Canberra Health Services spokesperson said.
“As this is a matter that will be subject to future court proceedings, we are unable to comment further at this time.”
