In Unusual Legal Ruling in Japan, After Death of Hearing Impaired Girl, Osaka High Court Finds “Lost Earnings” of Disabled Girl Equal to that of a “Healthy Person”

In a lawsuit concerning the death of Ayuka Ide (then aged 11), who was born with a hearing impairment, and who was hit by a piece of heavy machinery seven years ago, the Osaka High Court changed the ruling of the first trial and allowed the payment of the same amount as a healthy person in the appeal trial judgment on the calculation of ‘lost earnings’ that could have been earned in the future. Although the lost earnings of disabled children have been reduced to a certain extent, it is unusual for a judicial decision to recognise the same amount. The high court judgement determined that Ayuka Ide ‘was able to work in the same workplace as able-bodied people’.