Couple sues IVF clinic for allegedly implanting wrong embryos

New York mother gave birth to other couples’ babies because of IVF company’s mix-up lawsuit claims

New York mother gave birth to other couples’ babies because of IVF company’s mix-up lawsuit claims

Berger and Hong tried to reassure the couple, saying that sonograms were 'not a definitive test'.

The couple, known only by their initials as A.P. and Y.Z., filed a federal suit last week in the Eastern District of NY accusing the clinic, the co-owners and directors of medical malpractice, negligence, battery and intentional infliction of emotional distress.

The mother and her husband are both Asian.

It reportedly notes that after giving birth on 30 March, the couple "was shocked to see that the babies they were told were formed using both of their genetic material did not appear to be".

The couple, who are from Queens, New York, married in 2012, and according to the lawsuit, from that year on wanted "to conceive, deliver and raise children of their own".

They are seeking unspecified damages.

For years a Queens, New York couple had been trying to get pregnant and when they finally did, thanks to the assistance of a Los Angeles fertility clinic, they were ecstatic.

CHA Fertility Centre did not return a request for comment Monday.

The newborn babies were not the couple's biological children.

After being unable to conceive, they turned to the CHA Fertility Center in Los Angeles.

CHA Fertility claimed on its website to be one of the "premier fertility treatment networks in the world", the lawsuit states. Of those, about 81 000 resulted in pregnancies, which led to almost 66,000 deliveries. She returned to the centre the following month for egg retrieval.

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The lawsuit says that the couple spent more than AU$143,000 for the IVF services, including facility and doctors' fees, specialist services, medication, lab expenses, travel costs and more. By February 2018, five embryos were frozen for preservation, the lawsuit stated.

An embryo culture dish used for in vitro fertilisation is pictured in an undated stock photo. But she didn't become pregnant.

In September, the pair were excited after learning female embryos were successfully planted and they were pregnant with twins.

Doctors reportedly told the couple that the scan was inaccurate, before they went on to have the baby boys in April.

Dr. Berger dismissed the sonogram and tried to calm their concerns by revealing when his wife was pregnant they were originally having a boy but gave birth to a girl.

"The testing also confirmed that the two male babies were not genetically related to each other", the Post said the lawsuit claims. The results further showed that the newborns were not related to each other.

Because of that, A.P. and Y.Z. were required to give up custody of the babies to their genetic parents. For Y.Z and A.P, the experience has left them with "permanent emotional injuries from which they will not recover", the suit says.

The lawsuit doesn't speculate about how the transfer went wrong but accuses experts at the fertility clinic of trying to hide the alleged error from the aspiring parents.

The hospital hasn't offered details on what may have happened to their embryos that were supposed to be transferred, according to the lawsuit. In a markedly different scenario, a NY mother last fall actively sought to trade a female embryo she had preserved for a male version, saying she wanted to give her son a brother. The lawsuit accuses the defendants of medical malpractice, negligence, and 14 other counts, CNN reported.

The claim describes the conduct of the clinic and its leaders as "extreme and outrageous".

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