In the method, the writer detailed that she sought out the laboratory to carry out a DNA check to show her daughter’s paternity, and the consequence was false negative.
A woman who sued Genomic, a laboratory specializing in DNA checks for ethical damages, will obtain compensation of R$ 80,000 after a court docket choice by the 2nd Civil Court of the Regional Forum of Itaquera. In the method, the writer detailed that she sought the laboratory to carry out a DNA check to show her daughter’s paternity, and the consequence was false negative.
The info was revealed on the São Paulo Court of Justice website, together with the case quantity, which is public. The judgment is of first occasion. The lab can enchantment. Sought by the Estadão report, Genomic’s protection didn’t present itself. Space is open.
As a consequence of the inaccurate consequence, says the woman, she confronted psychological issues and embarrassment in the direction of her household, buddies and social circle. Only after a second examination was the writer ready to affirm paternity. At this level, the choose was categorical in evidencing the laboratory’s refusal to perform the check for the second time. “While ready for the results of one other examination, which, by the way in which, the defendant was not even prepared to do, the plaintiff was uncovered to a state of affairs able to undermining her psychic integrity”, reads an excerpt from the choice.
In view of the state of affairs, Judge Sueli Juarez Alonso concluded: “From the documentary proof introduced to the method, it’s evident that the writer truly suffered the embarrassment narrated in the preliminary”, wrote the Justice of the Peace. The choose additionally dominated that it might be the laboratory’s accountability to bear the prices and procedural bills, in addition to the legal charges set at 10%, on the corrected worth of the conviction.
On the opposite hand, the protection claimed ‘the absence of a bootleg act, subsequently, the absence of the obligation to indemnify’. In the ultimate verdict, the choose determined that, ‘in this case, it’s evident that the false consequence introduced the writer psychological imbalance that lasted till the affirmation of the paternity assertion’.
The report contacted the protection of the corporate Genomic, however didn’t acquire an official place till the publication of the textual content. The house is open for manifestation.
In its protection in the lawsuit, the laboratory denied failure to present providers or tort. She additionally acknowledged to the Court that the affected person was conscious of the hypotheses in which the consequence might be false negative – in the case of being pregnant or miscarriage inside a interval of up to 12 months earlier than the examination was collected; double being pregnant from completely different mother and father; or if the pregnant woman has had an organ or bone marrow transplant.
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