Oslo court rules against plaintiffs in 1965 baby mix-up case

The Oslo District Court has ruled that both Karen Rafteseth Dokken and the two girls involved in a baby mix-up at a hospital in 1965 have lost their case. Instead of receiving compensation, they are now required to pay nearly half a million kroner to the state and local authorities.

According to the court’s decision, the mix-up likely occurred after birth, when private staff at the nursery—not the state-employed midwife—were responsible for the infants. The court clarified that the errors made could not be attributed to the state or the municipality.

Karen Rafteseth Dokken, 78, expressed her frustration, stating, “It’s so wrong; what can you do about this?” She has not read the ruling personally but has received summaries of it. The court’s ruling also indicates that the three plaintiffs must pay approximately half a million kroner in legal costs to Herøy municipality. “The fact that we have to pay costs to the municipality doesn’t make sense,” Dokken added.

The court found no violation of human rights as claimed by the plaintiffs in their lawsuit. Reidar Andresen, the municipality’s attorney, noted that an initial review of the ruling suggested it aligned with the municipality’s arguments against the lawsuit.

This case stems from a 1965 incident in which two babies were switched at birth, only to be discovered in 2021. The plaintiffs are seeking up to 20 million kroner in damages for the ordeal.

The court explained that the complexities surrounding the initial mix-up contributed to the decision’s legal and ethical challenges, emphasizing the need to balance the importance of clarifying true parentage against the potential emotional impacts on all involved. Ultimately, the court ruled that the matter brings up significant principles yet to be tested in court.