But only one of them can pursue a compensation claim against the NHS. The story of Trish Chatterton and Margaret Tory exposes the farcical and damaging divide suffered by parents in the aftermath of Britain's retained organ scandal. Trish, from Arbourthorne Sheffield, lost her 13-month-old daughter Katie in 1985 to heart and lung problems, while Margaret, from Eckington lost son Steven, at the age of two years and four months, to liver failure in 1983.

Both were told their children needed post mortems to pinpoint the causes of their deaths at Sheffield Children's Hospital.

But they later discovered that organs and tissues were taken without their knowledge or consent. Samples were kept on slides and in paraffin blocks - a practice that affected thousands of families in hospitals across the country.

A High Court judge who looked at the cases of 2,000 parents ruled that parents like Trish are entitled to pursue a claim for the psychological impact of the trauma, because her daughter's post mortem examination was carried out in a hospital. But he outlawed claims like Margaret's because her son had a coroner's post mortem examination, and the coroner did not need parental permission to remove organs.

Trish, aged 44, said: "I was at first elated when the judge said that they had done something wrong, as it was the first time I'd heard that.

"But I'm angry because Margaret is suffering. We've all been through the same experience and we should be treated the same."

Margaret, 51, added: "I was devastated when I heard that it didn't apply to my case. When I first heard about the retained organs I went up to the cemetery and sobbed at Steven's grave, I said 'I'm so sorry'.

"I would not have allowed it to happen if I'd known." The mothers who have become close friends since setting up a support group are determined to fight on.

Margaret said: "It is not the money that counts, it is having recognition that what they did to your child was wrong. When you think about your child you don't think about the happy little boy he was. You think about what was done to him."

Both are haunted by the experience and say many unanswered questions remain.

They want to know why so many of their children's body parts - apparently unconnected with their illness - were removed during post mortem examinations, such as Katie's ovaries and Steven's testicles.

Trish said: "You love your children and when they die you leave them in the hospital's care. They mutilated my daughter.

"Katie died of heart and lung problems and I do not understand why they took her ovaries as well as other body parts."

Today in a statement Chris Sharratt, Chief Executive of Sheffield Children's NHS Trust said: "It would be inappropriate for us to comment on this case as an individual trust.

"The NHS Litigation Authority is handling all inquiries regarding the High Court decision centrally.

"The whole issue of organ retention is a very distressing one for all concerned and will continue to be managed as sensitively as possible within our trust."

06 April 2004

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