Lawsuit Claims IVF Mix-Up Caused Father and Daughter To Not Be Biologically Related
LAS VEGAS, NEVADA (October 4, 2024) – A Las Vegas father and daughter have filed a lawsuit after they discovered that an IVF mix-up led to them not being biologically related.
When the 18-year-old daughter took a DNA test from Ancestry.com, she discovered that she was actually not related to her dad. The father sought fertility treatment at Nevada Fertility C.A.R.E.S. fertility clinic.
According to court documents, the father believed that the embryo implanted into his wife contained his sperm. But that turned out not to be the case.
This raises the secondary question about what happened to the couple’s embryo. The lawsuit states the father and daughter have suffered extreme and severe emotional distress as a result of the findings.
Liability For Las Vegas IVF Mix-Ups
Misconduct at fertility clinics is unfortunately much more common than many people may realize. According to one study in North American Proceedings in Gynecology & Obstetrics, “Two hundred five IVF incidents (84.9% U.S., 2.9% U.K., 12.2% other), excluding large-scale tank and alarm failures and power disruptions, which affected 307 people (79.8%, 3.3%, 16.9%) and/or 258 specimens (84.5%, 2.7%, 12.8%), resulting in 76 lawsuits (65.8%, 7.89%, 26.3%) were identified worldwide, and categorized by error types.” Specimen mix-ups accounted for 95% of misconduct. There are a number of factors that could contribute to misconduct.
- Fertility clinic employees may not be properly trained.
- Fertility clinic employees may not have undergone thorough background checks.
- Fertility clinics may have failed to use proper identification protocols.
- Fertility clinics may have overworked employees or understaffed facilities.
Fertility clinics have a legal obligation to protect their customers from reasonably foreseeable sources of harm. To that end, they must follow all protocols by the American Society for Reproductive Medicine (ASRM) and the Society for Assisted Reproductive Technology (SART). When a fertility clinic fails to follow standards for IVF care, they could be held liable for a civil claim. Victims of IVF negligence may suffer in a number of different ways.
- Emotional and psychological harm
- Loss of genetic material
- Delay in family planning
- Health risks
- Legal and custodial conflicts
- Financial loss
IVF misconduct is nearly always preventable. It tends to involve systemic failures within any IVF clinic, as opposed to the deliberate misconduct of a single person. Sadly, though, IVF clinics will nearly always deny wrongdoing if they harm their patients. This is why it is so important that victims seek legal counsel as early as possible. An IVF misconduct attorney can examine the unique facts of your case and let you know what your legal options are.
Getting Legal Help For IVF Misconduct
We at Gersowitz Libo & Korek, P.C. were concerned to hear about the misconduct allegations against the Nevada Fertility C.A.R.E.S. fertility clinic. There needs to be a thorough investigation into what took place. It is our sincere hope that there is accountability.
Have you or someone that you care about been impacted by IVF misconduct? Our team of IFV misconduct attorneys is here for you. We care deeply that victims of misconduct get the support and justice that they are entitled to under the law. Whether you just have legal questions or need a free, independent investigation into any incident, we are here for you. You can reach out to us anytime at (516) 908-9792.
