Monash IVF Settles IVF Class Action Lawsuit For $56 Million

Monash IVF Made No Admission Of Liability In Agreeing To Settle IVF Lawsuit For Landmark $56 Million

CANBERRA, AUSTRALIA (October 18, 2024) – Australian IVF company Monash IVF has reached a $56 million settlement over claims that they destroyed embryos.

According to the class action lawsuit, over 700 patients at the clinic lost embryos. The loss allegedly occurred due to faulty genetic testing.

Roughly 35% of the embryos tested were identified as having abnormalities. However, plaintiffs in the lawsuit allege that this was inaccurate and the embryos could have resulted in viable pregnancies.

Numerous other allegations were made in the class action lawsuit. Plaintiffs alleged that a company operated by Monash secretly used embryos that patients had instructed to be discarded.

For its part, Monash IVF has not admitted to any wrongdoing or liability as part of the settlement.

Liability For IVF Negligence

Misconduct in the IVF industry is unfortunately much more common than many people may realize. Part of the problem is that the IVF industry lacks many of the regulations found in other medical fields, especially in the United States. According to Vox, “There are more than 450 fertility clinics across the country, and like most aspects of US health care, the IVF industry is regulated by a patchwork of federal and state rules as well as professional self-governance, all with varying levels of penalties and enforcement mechanisms.” IVF clinics should take a number of measures in order to prevent IVF misconduct.

• IVF clinics should maintain rigorous documentation and tracking of all biological materials.
• IVF clinics must adhere to local and national regulatory standards.
• IVF clinics should ensure that all of their staff undergo robust training on ethical, legal, and procedural guidelines.

IVF clinics form contracts with their patients. This requires them to uphold certain standards and follow guidelines. They must do everything within reason to preserve their patients embryos and other biological samples. When an IVF company fails to meet industry standards, including for proper freezing procedures, equipment maintenance, and record keeping, this could form the basis of a negligence claim. A number of entities could potentially face liability for any instance of embryo loss during the IVF process.

• The companies that manufacture fertility equipment could be held at fault. One of the main sources of embryo loss is faulty embryo storage tanks.
• The doctors and healthcare providers directly involved during the IVF procedure may also bear some responsibility. IVF clinics typically get numerous sources of help from outside agencies and hospitals.
• Laboratory technicians and embryologists could also be held at fault. Human error is one of the main sources of IVF misconduct. This often occurs due to faulty record-keeping by laboratory technicians and embryologists.

It can be hard to know where to begin after any instance of embryo loss. Many couples have likened this process to the death of their own children. To make matters worse, these same companies will often do everything in their power to deny responsibility for any instance of IVF misconduct. This is why it is so important for victims of IVF misconduct to seek legal advice as early as possible. An IVF negligence 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. extend our best wishes to all of the people impacted by embryo loss at Monash IVF. It is our hope that this settlement will bring some measure of closure for all impacted. Fertility clinics around the world need to understand that there will be consequences for their misdeeds and negligence.

Have you or someone that you care about been impacted by IVF negligence? You may have legal recourse. Our team of IVF negligence attorneys is here to support you in any way that we can. 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 any type of assistance, we are here for you. You can reach out to our office anytime at (516) 908-9792.