Fertility Clinic Sued for Heartbreaking Lab Mistakes, Embryo Destruction

All over the United States, fertility clinics help individuals in their desire to become parents. Some are very successful. Some are not.

But one thing these clinics have in common is they are subject to very little regulation, if any, with regard to the handling of egg fertilization in the laboratory. The result of mishandling is often disastrous. In a case just filed by Hersh & Hersh on behalf of a San Francisco couple, a San Francisco fertility clinic created anguish by doing just that.

The National Law Journal online and law.com’s newswire report on this recently-filed action, as well as a $1 million settlement in another case filed by Hersh & Hersh several years ago.

One of the plaintiffs in the case filed went through a great deal to get her eggs harvested for fertilization. Her husband donated his sperm. The harvesting was successful. The fertilization was thought to have been as well.

Then came the horrors. The couple was told that the lab had mistakenly fertilized some of the wife’s eggs with another man’s sperm. After the couple was told about this, the lab destroyed the embryos without the couple’s consent and in violation of their agreement with the couple. The fact is, there were a limited number of eggs and resulting embryos that were viable at all.

With the high stakes and consequences of such actions, one wonders when fertility clinics will be regulated to ensure they properly handle all aspects of the process of fertilization. Hersh & Hersh hopes this will happen before more families suffer from avoidable errors in the laboratory.

Read more about the Aschero matter at nlj.com and lawyersandsettlements.com.

Hersh & Hersh has experience with cases involving fertility clinics. Please contact our San Francisco personal injury experts for more information.