CNY Fertility Faces Lawsuit Over Gender Mix Up

Couple Who Sought to Have Baby Girl Files Lawsuit After Wife Discovered She Was Pregnant With Boy

LATHAM, NEW YORK (June 9, 2025) – A couple who asked for a female embryo has filed a lawsuit against CNY Fertility after it was discovered that the wife was implanted with a male embryo.

Heather and her wife were seeking fertility treatments. Heather specifically wanted girls because she was traumatized after being sexually assaulted on multiple occasions in college.

The couple were told that this would not be a problem because the lab was able to determine the sex of the embryo before implantation. Roughly 15 weeks into the pregnancy, Heather discovered that she was actually pregnant with a boy.

This sent her into a deep depression. After the birth of her son, she wasn’t able to properly bond with the baby and became suicidal.

The couple have since filed a lawsuit against CNY Fertility. They allege breach of contract, medical malpractice, and battery.

Liability for Medical Malpractice During In Vitro Fertilization

Malpractice during in vitro fertilization remains remarkably common in the United States. According to one study in Science Direct, “Of the 447 cases identified in the query, 53 involved both malpractice and IVF, occurring between 1993 and 2022. Defendants included a reproductive endocrinologist in 19 (35.8%) cases, an academic institution in 17 (32.1%) cases, embryology personnel in 9 (17.0%) cases, and nursing staff in 2 (3.8%) cases.” There are a number of factors that could contribute to malpractice at an IVF clinic.

• Laboratory Handling Errors: When genetic materials are not properly labeled or stored, this can easily lead to situations where key genetic material is destroyed.
• Negligent Medical Practices: A fertility clinic may not adequately screen sperm or egg donors. This could lead to them implanting the wrong embryo into a patient.
• Failure to Follow Safety Procedures: A fertility clinic may fail to properly sanitize key equipment, thereby putting patients at risk of infection.

Fertility clinics have a legal obligation to protect their patients from reasonably foreseeable sources of harm. When fertility clinics fail to exercise due care, this can put patients at risk of serious financial, physical, and emotional harm. Medical malpractice occurs when a fertility clinic fails to operate with the care that a reasonably prudent medical professional would have taken in a similar situation.

Many companies and fertility clinics have faced lawsuits after couples have lost embryos. In particular, CooperSurgical has faced a number of lawsuits after IVF patients have lost embryos in their culture media. Attorneys for the plaintiffs have argued that the media was defective because it lacked magnesium, an essential component for cell development. It is important that certain steps are taken after any suspected instance of IVF malpractice.

• All medical records related to the misconduct should be collected.
• All correspondence with the IVF clinic should be preserved.
• All contracts involving the treatment plan should be reviewed.
• An experienced IVF malpractice attorney should be contacted.

It can be hard to know where to begin if you’ve been the victim of medical malpractice at an IVF clinic. This is particularly true for couples who have lost embryos. These embryos cannot simply be manufactured once more in the event that they are lost. A batch of lost embryos could mean that a couple may never be able to have their own biological children.

Getting Legal Help for IVF Malpractice

We at GLK Law were deeply concerned to hear about the alleged shortcomings of CNY Fertility. There needs to be a thorough investigation into all of the allegations of misconduct. It is deeply concerned that the fertility industry continues to be largely unregulated in ways that are needlessly putting patients at risk.

Have you or someone that you care about been harmed by malpractice at a fertility clinic? You may have legal recourse. Our team of personal injury attorneys is here to help in any way that we can. We care deeply that victims are aware of their rights and that those rights are being protected. Whether you just have legal questions or need any type of assistance, we are here for you. You can reach out to us anytime at (516) 908-9792.