Mother Expresses Frustration Over Court Ruling in Case of Stillbirth
A Costarrican court rejects material damages claim to a mother whose baby died in utero after a prolonged legal battle.
Josselyn Quirós Solano, a mother from Costa Rica, publicly expressed her frustration on Wednesday after a ruling from the Civil Court of Cartago regarding her long-standing case against the Costa Rican Social Security Fund (CCSS).
Quirós has been pursuing legal action for 14 years following the stillbirth of her baby in 2011. In a courtroom filled with emotion, she detailed her experience and the pain associated with the loss of her child.
The court ruled against Quirós's claim for material damages amounting to ¢41 million, stating that the estimation of potential contributions from her daughter to the family as an adult was speculative.
However, the court did recognize ¢50 million in moral damages, albeit less than the ¢100 million requested by Quirós, deeming the higher amount disproportionate.
After the verdict, Quirós shared her disappointment, emphasizing the emotional toll the prolonged legal proceedings have taken on her.
"This has been very painful, and this will not end here," she stated, indicating her intent to continue seeking justice for her child, who was referred to as 'Inominada' in the judicial records.
During the latest session, Quirós recounted the distressing circumstances surrounding her daughter's death, which occurred after she was admitted to Hospital Max Peralta in Cartago for high blood pressure and severe vomiting at 37 weeks of gestation.
She described the harrowing experience of feeling her child fade away while waiting for a cesarean section.
Quirós claimed that her daughter experienced 12 hours of suffering, a point she highlighted to the judges in an effort to reinforce her emotional anguish.
She recalled being told by medical staff that her baby was asleep, only for later evaluations to indicate that the child had died, confirmed by an urgent ultrasound.
The circumstances surrounding the case have prompted scrutiny of the CCSS's protocols, particularly regarding the healthcare received during Quirós's hospitalization.
She reported spending days in the hospital after her daughter's death, alongside other mothers giving birth, saying that the situation caused her immense pain and trauma.
Initially classified as culpable homicide, the case underwent several legal revisions.
The CCSS subsequently sought a recalification to abortion caused by negligence, arguing that the baby died during gestation and not as a result of actions taken during labor.
A court in April 2024 recognized this argument, confirming that there were no labor signs at the time of death.
Quirós has endured multiple rounds of appeals and trials, making her way through the judicial system in pursuit of justice for her child.
Each step has contributed to her ongoing struggle and the emotional burden she carries from her loss.
Quirós has been pursuing legal action for 14 years following the stillbirth of her baby in 2011. In a courtroom filled with emotion, she detailed her experience and the pain associated with the loss of her child.
The court ruled against Quirós's claim for material damages amounting to ¢41 million, stating that the estimation of potential contributions from her daughter to the family as an adult was speculative.
However, the court did recognize ¢50 million in moral damages, albeit less than the ¢100 million requested by Quirós, deeming the higher amount disproportionate.
After the verdict, Quirós shared her disappointment, emphasizing the emotional toll the prolonged legal proceedings have taken on her.
"This has been very painful, and this will not end here," she stated, indicating her intent to continue seeking justice for her child, who was referred to as 'Inominada' in the judicial records.
During the latest session, Quirós recounted the distressing circumstances surrounding her daughter's death, which occurred after she was admitted to Hospital Max Peralta in Cartago for high blood pressure and severe vomiting at 37 weeks of gestation.
She described the harrowing experience of feeling her child fade away while waiting for a cesarean section.
Quirós claimed that her daughter experienced 12 hours of suffering, a point she highlighted to the judges in an effort to reinforce her emotional anguish.
She recalled being told by medical staff that her baby was asleep, only for later evaluations to indicate that the child had died, confirmed by an urgent ultrasound.
The circumstances surrounding the case have prompted scrutiny of the CCSS's protocols, particularly regarding the healthcare received during Quirós's hospitalization.
She reported spending days in the hospital after her daughter's death, alongside other mothers giving birth, saying that the situation caused her immense pain and trauma.
Initially classified as culpable homicide, the case underwent several legal revisions.
The CCSS subsequently sought a recalification to abortion caused by negligence, arguing that the baby died during gestation and not as a result of actions taken during labor.
A court in April 2024 recognized this argument, confirming that there were no labor signs at the time of death.
Quirós has endured multiple rounds of appeals and trials, making her way through the judicial system in pursuit of justice for her child.
Each step has contributed to her ongoing struggle and the emotional burden she carries from her loss.
