JACKIE Brown can't believe it. She spent three years on an emotional roller-coaster undergoing fertility treatment to get the family she had longed for. After seven cycles of in vitro fertilisation (IVF) treatment in Newcastle, she conceived.

Today, Jackie, from Jarrow, is the proud mother of twins, Josh and Luke. So, with her own family complete, she is struggling to take in the news that a 34-year-old mother from South Yorkshire, who had successful IVF treatment, has sued the hospital for up to £100,000 because she had three healthy babies rather than the two she'd bargained for.

A judge found in favour of Patricia and Peter Thompson from Thrybergh, South Yorkshire, ruling that the Sheffield Fertility Clinic where they underwent treatment had breached a contract. Doctors implanted Mrs Thompson with three embryos instead of the two she wanted.

IVF involves removing eggs from a woman, fertilising them in a laboratory by mixing them with sperm and transferring the fertilised eggs to the uterus a few days later.

The Thompsons say they are "delighted" at the judge's decision, which, in their view, upholds the importance of consent for IVF patients. Mrs Thompson had told the court: "I think two is more than enough for anyone to have. I just wanted two babies or a baby."

In a statement released through their solicitors, the couple said: "We feel that the central issue in this case was that our wishes were not followed."

They had argued that a mistake by staff meant added risks for all three babies, and the effort of bringing three rather than two children up was "exhausting".

But with thousands of couples desperate for a chance to have fertility treatment, Jackie finds it hard to understand the Thompsons' point of view, especially when they went on to have another child naturally.

"I just think they should be thankful," says Jackie, who is full of praise for the skills of the team at the Centre for Reproductive Medicine in Newcastle, who treated her. "I think it is awful that they felt that they had to go to court.

"I especially feel for the effect this is going to have on all the people who went through fertility treatment without having children. I don't know how they must be feeling today.

"They said they couldn't cope with three kids but they went on and had another naturally, I can't understand it."

Everyone who undergoes IVF treatment is told that, along with the risk that the treatment will not work, is the chance that the new mum may get more than she had bargained for.

"They must have known the risks, even with two eggs replaced there is the risk you could have four babies," adds Jackie.

GPs in the North-East, who get regular requests for referrals for IVF treatment, are also astounded by the case.

Darlington GP Dr David Russell is one of them. "To my way of thinking it is absolutely pathetic," he said. "This case can only have a damaging effect on further care. How can this be in the public interest?"

Dr Alison Murdoch, head of infertility services at the Centre for Reproductive Medicine in Newcastle, says it will be difficult for those who are trying for a child to understand why someone who has given birth to three healthy children should be so upset about it. The consultant has never had any complaints from couples who have had more children than they expected.

Most people are "absolutely delighted" with a healthy child, she adds.

"If you have a triplet pregnancy you have a one-in-four chance of having at least one handicapped child, and that is why this patient has been lucky. Not only has she had three children, but they are healthy children," she says.

Dr Murdoch argues that the infertility treatment service needs to reduce the rate of multi-pregnancies; this is the expert advice that centres up and down the country now follow.

But because of the competitive nature of IVF treatment, with a number of private and NHS centres competing for patients or resources - and the success rate of those units published in regular league tables - it is possible that some centres could be tempted to persuade women to have three rather than two eggs replaced. While this approach carries with it a higher risk, there is also a better chance of a successful outcome.

While the Newcastle centre advises women to put only two eggs back, some people still insist on three.

Dr Murdoch says: "If you end up putting three back and you are pregnant, the risk of triplets is five per cent. The other issue is that the pregnancy rate is a bit higher if you put three back."

About 44,000 children have been born in the UK through IVF.

Dr Murdoch adds: "If people go in fully informed about the risks, they are able to make their own decisions about it."