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Asian Mother Gives Birth to Non-Asian Babies

CoupleHands

No, it is not a medical miracle. No, it is not evidence that we live in a post-racial society. It is evidence that the IVF clinic implanted the wrong embryos into the wrong mother. On what should have been one of the most joyful days of her and her husband’s lives, a New York mother reportedly gave birth to two children who were not hers. The couple was forced to give up the babies to the genetic parents. Now, she’s suing the California clinic that implanted the babies.

The clinic is CHA Fertility and it is based in Los Angeles. The couple claims that they spent over $100,000 to have the clinic help them get pregnant after struggling to do so themselves for many years. Meanwhile, the embryos that were ostensibly created for the couple are missing. The couple still does not know what happened to them.

CHA Fertility is accused of medical malpractice and negligence alongside 14 other counts related to the mishap. Among the allegations are physical and emotional distress related to the incident.

This Happens More Often Than it Should 

Technically, it should never happen. Putting the correct embryos into the correct mother should be the easiest part of the process. In the case mentioned above, not only were the two infants not related to the mother, they weren’t even related to each other. That means that the embryos of two different CHA clients were implanted into the wrong mother.

Worse still, this has happened before. For CHA, this can end up being three lawsuits instead of one. When the couples to whom the babies belonged realized that their babies had been born miles away in New York, they too suffered emotional distress. Not only were their mothers not able to bond with her babies, but the sheer confusion over what had happened is likely to cause distress in and of itself.

Where are the Embryos? 

This isn’t the first time a mishap has cost patients their embryos. Earlier this year, a number of couples lost embryos after a freezer malfunction caused the embryos to die off. This initiated a legal battle in which some of the couples claimed the embryos were persons which would allow them to hold the clinic responsible for wrongful death. However, an Ohio court ruled that the embryos did not have legal personhood. This is despite the fact that an individual can charged with murder if their battery of a pregnant woman results in the baby’s death.

As with many new technologies, the law is struggling to catch up with a complex situation. The parents who gave birth to the babies fought in court to determine who custody of the children should go to. In the process, a new term was invented: The gestational mother (as opposed to the genetic mother). New York ruled in favor of the genetic mother but stopped short of ruling that a gestational mother has no rights to a baby they carried.

Talk to a Tampa Medical Malpractice Attorney Today 

If a fertility clinic mishap caused you emotional distress, you are entitled to recover damages. Talk to the Tampa medical malpractice attorneys at Masterson, Hoag & Smith today to set up a free consultation.

Resources:

wfla.com/news/national/couple-implanted-with-wrong-embryo-due-to-ivf-mix-up/

vox.com/the-highlight/2019/6/26/18744249/fertility-clinic-destroyed-embryos-lawsuits

theatlantic.com/science/archive/2019/07/ivf-embryo-mix-up-parenthood/593725/

https://www.mastersonlaw.com/the-rise-of-assembly-line-medicine/

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