Almost 60 years later, one of the mothers in the case, Karen Rafteseth Dokken, and the two women who were switched when they were newborns, are taking civil action against the state and the municipality. On Monday, the case starts in the Oslo District Court.
The three are demanding compensation and compensation for violations of human rights, for lost childhood and family life, and for having been deprived of the opportunity to get to know their biological family.
– What happened was a serious mistake that should not happen. But it is still what has happened after it was discovered that I cannot accept. They have conducted an investigation and not informed us who were involved in this? I don’t understand how it works, says Dokken NRK.
Discovered after 16 years
The mistake was already discovered in 1981 after the other mother, who is not part of the civil action, took blood tests in connection with a trip abroad which surprisingly showed that she was not the biological mother of her daughter.
The mother contacted the authorities. She received a response from the Directorate of Health, which had then limited the children in question to five teenage girls, writes NRK.
She was advised to leave the case alone, and the five teenage girls in question did not get to know anything about the case.
Demand for 20 million
The three women, Dokken, she who grew up as her daughter and Dokken’s biological daughter, are demanding 20 million in compensation and restitution from the State and Herøy municipality.
– I hope that they will admit a mistake. No one has apologized for anything, they just deny everything. I think they have a responsibility, says Linda Risvik Gotaas to NRK.
She is the biological daughter of Dokken. Only when she was 57 years old was she allowed to see her mother again. Both say it was a great joy in the midst of tragedy.
The state: The requirement is obsolete
The government attorney writes in his final submission to the Oslo district court that the state’s view is that it has not been proven that a compensable error has occurred that can be attributed to the state.
According to the government attorney, it is impossible to prove who confused the babies in 1965.
– It has also not been established that the transfer constitutes a violation of Article 8 of the ECHR, writes the government attorney further.
The government attorney believes that any claims are time-barred anyway.
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**Interview with Karen Rafteseth Dokken, Plaintiff in Oslo District Court Case**
**Interviewer:** Thank you for joining us, Karen. Can you share a bit about your experience and the reasons behind the civil action you’ve taken?
**Karen Rafteseth Dokken:** Thank you for having me. Almost 60 years ago, there was a tragic mix-up in the hospital where I gave birth. My daughter and another newborn were switched at birth, and we only discovered the truth when the girls were 16. It was devastating for both families involved. Now, my daughter and the other women who were affected are pursuing action against the state and municipality for the wrongs we’ve endured.
**Interviewer:** You mentioned feelings of loss and deprivation. Can you elaborate on how this has impacted your lives?
**Karen Rafteseth Dokken:** Absolutely. Not only did we lose the chance to bond with our biological families, but the years lost to confusion and heartache cannot be measured. We were deprived of our identities and crucial family connections. It’s a fundamental violation of human rights, and it’s time we seek accountability for that.
**Interviewer:** What do you hope to achieve through this legal action?
**Karen Rafteseth Dokken:** We are demanding compensation for lost childhood and family life, as well as acknowledgment of the gross negligence that has occurred. More importantly, we want to bring awareness to the importance of transparency in such cases. After the initial investigation, those involved did not come forward to communicate with us. That is something I find unacceptable.
**Interviewer:** Do you believe that this case will lead to changes in how such incidents are handled in the future?
**Karen Rafteseth Dokken:** I sincerely hope so. What happened to us should never happen again. It’s about safeguarding the rights of families and ensuring transparency and accountability in healthcare practices. If we can achieve even a small step towards that goal, then our fight will have been worth it.
**Interviewer:** Thank you, Karen, for sharing your powerful story with us. We wish you and everyone involved the best in the upcoming trial.
**Karen Rafteseth Dokken:** Thank you for having me and for shining a light on this important issue.
