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Lawsuit accuses fertility clinic of medical malpractice

July 15th, 2019

Many Louisiana couples can relate to the concept of struggling to conceive a baby. In some cases, people in this situation will try various methods in their attempts to achieve pregnancy. Such was the case with a couple based in another state who pursued in vitro fertilization through a reputable fertility clinic. After the woman gave birth to two baby boys who were not related to either her or her husband, they filed a civil lawsuit accusing the clinic and its owners for medical malpractice.

Following the couple’s marriage in 2012, they tried to conceive but were unsuccessful. The couple then tried various strategies in their attempts to start a family, but unfortunately, none helped them achieve their goal. According to the court filing, in 2017, they discovered the fertility clinic and carefully researched it, learning that its doctors had won accolades for their research and clinical work. Early in 2018, the couple traveled to the clinic and began protocol for undergoing in vitro fertilization. According to court records, ultimately, five embryos were frozen for preservation.

Several months later, the woman underwent embryo transfer with what clinic staff said were two of the female embryos, and she became pregnant. Apparently, two sonograms early in the pregnancy indicated she was carrying two boys, although clinic staff had told the couple they had implanted female embryos. When she gave birth to the male babies earlier this year, although the mother and her husband are both of Asian descent, neither baby appeared to be Asian; DNA tests have conFirmed that not only are the babies not related to the parents, but also that the boys are not related to each other. The couple alleges that their embryos were either swapped or misplaced, and they have since relinquished custody of the babies. They recently filed a lawsuit against the clinic alleging medical malpractice, negligence and intentional infliction of emotional distress, among other counts.

This couple underwent a procedure that cost them many thousands of dollars, as well as physical and emotional distress from which they may not fully recover. As a result, they are now seeking compensatory as well as punitive damages. Louisiana residents who have suffered this type of experience may wish to pursue a similar path to that of this couple and consult with a knowledgeable medical malpractice attorney who can discuss options for legal recourse.

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