Karen (78) had to wait for over 50 years before she found out that her daughter was switched in the delivery room

The case in summary In 1965, two babies were changed at a maternity ward in Sunnmøre, but the error was not discovered until many years later. Three of the women involved are now going to court against the state and the municipality and are demanding compensation and restitution. They believe they have been deprived of the opportunity to get to know their biological family and want the court to establish that the state and municipality have wronged them. The state and the municipality do not want to take responsibility, state that no one is entitled to compensation and that the case is outdated anyway. The Minister of Health and Welfare will not comment on the matter. The case goes before the Oslo District Court on 11-14. November. The summary is made by an AI service from OpenAi. The content is quality assured by journalists from news before publication. This autumn, a very special case will go before the court in the Oslo District Court. The background is an unimaginable mistake that happened in a maternity ward in Sunnmøre in the spring of 1965. Nobody still knows what exactly happened, and why someone decided to keep quiet for years. – It is very difficult to describe, it is completely unreal, says Karen Rafteseth Dokken (78). On 14 February 1965, she became a mother for the first time, to a little girl. But when she left the maternity hospital a few days later, she mistakenly took the baby of a foreign family with her. Two babies were changed – without anyone discovering what had happened. And it would take many years before the change was finally discovered, by chance. It was here that the change took place in the old delivery room at the Sanitetshuset at Eggesbønes in Herøy. Photo: Oddgeir Øystese / news Going to trial against the state and the municipality Almost 60 years later, Karen Rafteseth Dokken and the two babies who were swapped are going to trial against the state and the municipality. They want compensation and compensation for violations of human rights, for lost childhood and family life. For having been deprived of the opportunity to get to know his biological family. But first and foremost, they want the Oslo district court to establish that the state and municipality have wronged them. It is one of very few similar cases in Europe. The special case goes before the Oslo district court this week. Photo: Gunhild Hjermundrud / Gunhild Hjermundrud / news Decided not to say anything The first alarming reports that something seriously wrong had happened came in 1981. The girls were then 16 years old. The other mother, who also knew nothing, sounded the alarm when a blood test – amazingly enough – showed that she could not be the biological mother of the daughter. But when she starts looking for answers to what had happened, it becomes difficult. Neither the municipal doctor, county doctor nor director of health Torbjørn Mork in the Directorate of Health will answer her about what has happened, and where her biological daughter has gone. Gradually, she has to settle down with the news that the child is fine. In the case file it is stated that the mother is advised to drop the case. And as it says; “let life go on”. OLD AGE: 78-year-old Karen Rafteseth Dokken says old age is ruined. Photo: Oda Flaten Lødemel / news Karen Raftseth Dokken (78) cannot believe that the people responsible made the decision. – What happened in the delivery room was a serious mistake that should not happen. But it is still what has happened after it was discovered, I cannot accept. When they have conducted an investigation and have not informed us who were involved in this? I don’t understand that it works, she says. The birth announcements from Sunnmørsposten on 25 February 1965 showed that Karen Dokken had a girl on 14 February. She was switched with the baby girl who was born the next day. Photo: FACSIMILE FROM SUNNMØRSPOSTEN The other mother has been informed that news is covering the case, but does not wish to comment on the change. Feels different from the others It is a coincidence that leads to the scandal finally being discovered. For the daughter who grows up at home with Karen Rafteseth Dokken, feels like a foreign bird. Mona looks different from the others in the family, does not have the same interests. She has previously told news that she asks her father directly if she is really his daughter. When she finally takes a genetic test and registers on the website My Heritage, she gets an incredible amount of hits, and finds family members she didn’t know about. He finally gets an answer. Mona does not wish to say anything about the case now. Dreading the court case But the battle is far from over. Slowly but surely, two families will try to find each other. Two mothers will meet their biological daughters again for the first time, the two sets of siblings will embrace an unknown sister. Now the families want someone to take responsibility, ask for a reason for what happened in the delivery room and for not knowing about the change in the 80s. Linda Risvik Gotaas as a baby. She never stayed home with her biological mother from the maternity hospital. Photo: private – I hope that they will admit something wrong. No one has apologized for anything, they just deny everything. I think they have a responsibility, says Linda Risvik Gotaas. She is the biological daughter of Karen Rafteseth Dokken. Only when she had turned 57 years old did she get to meet her mother again. Both say it was great joy in the midst of tragedy. MOTHER AND DAUGHTER: After 57 years, Karen Rafteseth Dokken finally met her biological daughter, Linda. Photo: private Can’t go to mediation The lawyers for both families believe they have been subjected to gross injustice, and are entitled to compensation in the millions. They say it is difficult to face the state and the municipality as opposing parties in court, and that they would prefer to have a settlement. – I am very surprised that the state and municipality will neither meet the people involved nor the lawyers. I think it would have made it much easier to both accept the situation and handle the difficult human feelings and relationships, says Sølvi Nyvoll Tangen, who is Karen Rafteseth Dokken’s lawyer. Lawyer Sølvi Nyvoll Tangen says it has not been possible to negotiate a settlement in the case. Photo: Advokatfirmaet Harris – No ongoing violation But no one will take responsibility for what happened. The lawyers for both the state and the municipality believe that it is not possible to prove who confused the babies, that the cases are outdated anyway, and that no one is entitled to compensation. They themselves ask to have their expenses covered for the trial. “In the state’s view, it is not appropriate to portray the circumstances in the case as a continuing violation,” it says in the state’s final submission. Lawyer Asgeir Nygård at the Government Attorney writes in an email to news that it is easy to understand that the case is burdensome, but that it was not easy to know what to do when the exchange was discovered. – The documentation from that time indicates that those involved found the assessments difficult, among other things because it was legally unclear what they could do, writes Nygård in an email to news. He states that the distance between the parties is too great for legal mediation to be relevant, and points out, among other things, that the three women are demanding up to 20 million in compensation. Herøy municipality does not wish to comment on the matter now. Asgeir Nygård at the Government Attorney says it is easy to understand that the case is incriminating. Photo: The government attorney Read the full response to the government attorney – Do they think it was right in 1981 not to inform the families involved about the change? – We have a great understanding that this is burdensome for the victims. It is almost 40 years since the authorities were made aware that one of the mothers thought there had been a change in the delivery room, around 20 years earlier. Documentation from that time indicates that those involved found the assessments difficult, partly because it was legally unclear what they could do. In court, we will therefore argue that there is no basis for compensation and that the claim that is brought forward is time-barred anyway, writes lawyer Asgeir Nygård at the Government Attorney. news has also asked for comments on several of the claims in the article, including that the state will not apologize for what happened, and does not wish to meet the other party for legal mediation. Nygård answers as follows: – The state believes that this case is not suitable for judicial mediation, both because the distance in the view of the legal issues is great and because the claimants’ demands for restitution and compensation go far beyond the sober level we have in Norwegian law for such demands. Don’t you dare hope Karen Rafteseth Dokken has pictures of children and grandchildren on the wall in the living room at home in Sogn og Fjordane. But for over 50 years she did not know that one was missing. She says her old age is ruined, and that she dreads the trial. – I dare not hope for anything. You can’t trust anyone, I’ve found out. But someone has to take responsibility, and they have to say sorry, she asserts. news has asked the Minister of Health and Welfare to answer why the state has not wanted to enter into a settlement with the families. He will not comment on the case. HeyHey! If you have tips or input, please get in touch! Published 07.11.2024, at 14.13



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