New York Couple Sues Fertility Clinic After Embryo Mix-Up Causes Woman to Give Birth to Other People’s KidsTop Stories

July 10, 2019 23:28
New York Couple Sues Fertility Clinic After Embryo Mix-Up Causes Woman to Give Birth to Other People’s Kids

(Image source from: MSN.com)

The Asian-descent New York couple is suing a fertility clinic after the woman gave birth to two babies that were actually other people's children after the wrong embryos were implanted in her uterus.

Early this month in a federal court in Brooklyn, the couple filed suit seeking compensation after suffering what they express are "significant and permanent emotional injuries from which they will not recover."

The couple began in-vitro fertilization treatment at the CHA Fertility Center in Los Angeles on January 2018.

The couple had been for six years but failed to conceive. On that account, eight embryos were created on their behalf. Though the first implantation in July 2018 was abortive, the second effort the next month worked, and the woman became pregnant with what she thought to be twin girls. But doubts came to light after the first sonograms, which showed the fetuses were boys.

Doctors at the clinic "assured them they were girls and that there was nothing wrong," according to the court complaint.

In March this year, the woman gave birth to two boys via cesarean section, "neither of which was of Asian descent," as the parents are. Genetic testing confirmed that neither the man nor the woman "was genetically related to the babies... and that the two male babies were not genetically related to each other," the complaint says.

It turned out that the twin babies were the offspring of two other couples who had sought treatment at the clinic. Those couples have since taken custody of the children. The plaintiffs still do not know what became of their embryos. "Defendants are concealing the whereabouts of the plaintiffs' two embryos ... They believe they were never thawed and/or lost or destroyed by defendants," the complaint says.

The couple is suing the clinic and two of their doctors, Joshua Berger and Simon Hong, alleging negligence, professional error, breach of contract and false advertising.

The man and woman are asking to be reimbursed the more than $100,000 they paid for treatment, lost wages, their future medical expenses, and punitive damages.

The clinic, which says on its website that it offers "the highest degree of personal care" and has "fulfilled the dreams of tens of thousands of aspiring parents," did not comment on the issue.

By Sowmya Sangam

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new york  los angeles  pregnancy