New York Residents Seeking IVF Treatment Remain at Risk of Malpractice

CNY Fertility Facing Legal Troubles at New York Facilities and Other Locations

MANHATTAN, NEW YORK (June 19, 2025) – Malpractice in the IVF industry remains all too common across New York and the United States as the industry continues to face little oversight.

According to one study in the National Institutes of Health, “In vitro fertilization malpractice claims are varied, with the most common issues involving embryology laboratory processes and genetic testing errors. Some errors may be avoidable with increased vigilance and implementation of stringent laboratory and clinical guidelines.”

Part of the problem is that the fertility industry is growing at an incredibly rapid pace and remains very unregulated. According to the Pew Research Center, roughly four in ten adults have either used fertility treatments or know someone who has.

In any given year, roughly 2.6% of all births are made possible through the use of IVF. Despite the widespread adoption of IVF, there are still significant differences in safety protocols at various clinics.

For example, some clinics identify genetic materials through machinery before various IVF stages. Other clinics may rely on methods more likely to produce errors, such as hand-written labeling systems.

Mistakes during the IVF process have exposed patients across New York to a great deal of harm. This has led to a variety of lawsuits, including some against CNY Fertility.

Consider, for example, Duvernoy v CNY Fertility, PLLC in Washington County, New York. In that case, the plaintiff underwent a procedure to donate their eggs to the fertility clinic.

Allegedly, the plaintiff received improper amounts of gonadotropin, which caused her to develop ovarian hyperstimulation syndrome and multiple ovarian cysts. CNY Fertility has faced other lawsuits at various clinics in other states.

Common Sources of Negligence Plaintiffs May Experience at CNY Fertility and Other Fertility Clinics

There is a wide range of negligence that plaintiffs could potentially experience in their IVF journey at CNY Fertility and other fertility clinics. According to the Columbia Law Review, “Botched vasectomies, IVF mix-ups, and abortions based on erroneous information are shockingly common. The most comprehensive study of U.S. fertility clinics, for example, found that more than one in five report errors in diagnosing, labeling, and handling donor samples and embryos for implantation.” Fertility clinics should take a number of measures to prevent harm to their patients.

• Fertility clinics should ensure that all of their staff are well trained to perform the procedures that they are given.
• Fertility clinics should use barcode or RFID systems to identify genetic material before key procedures.
• Fertility clinics should provide all of their patients with clear and comprehensive information about the procedures that they will be undergoing.

Fertility clinics have a legal obligation to protect their patients from foreseeable sources of harm. When a fertility clinic fails to exercise all the care necessary to protect their patients, they could be liable for medical malpractice. There is no single standard of care that will determine whether or not a healthcare provider committed malpractice. Malpractice occurs when a healthcare provider deviates substantially from what a reasonable doctor or physician would’ve done in a similar setting. There are many different ways that a fertility clinic may have committed malpractice.

• Fertility clinics May have transferred the wrong embryo into a patient by mistake.
• Fertility clinics may overuse medications, which caused a serious medical condition.
• Fertility clinics may have failed to diagnose underlying medical conditions with their patients.
• Fertility clinics may have failed to ensure that genetic materials like embryos are properly stored.

It could be hard to know where to begin if you’ve been the victim of medical malpractice at CNY Fertility or any other IVF clinic. Fertility treatments can cost enormous sums of money and be incredibly demanding on a patient’s body. Of course, this doesn’t even touch on the enormous emotional and psychological pain that people endure in the event that they lose embryos. Individuals and couples who are the victims of medical malpractice at fertility clinics may be able to seek some measure of accountability through a civil claim.

Investigating Negligence at Fertility Clinics

We at GLK Law extend our best wishes to all of the people who have suffered malpractice at CNY Fertility and other fertility clinics across New York. It is deeply concerning that so many of these clinics continue to operate with little to no oversight. Regulators need to take certain measures to protect patients from preventable sources of harm.

Have you or someone that you care about been affected by medical malpractice at a fertility clinic? You may have legal recourse. Our team of IVF negligence lawyers is here for you. We are committed to helping victims get the support and justice that they are entitled to. When you contact our firm, we will evaluate the unique facts of your case and let you know if you have a claim that can be pursued. Whether you just have legal questions or are wondering how an attorney may be able to help with your particular situation, we are here for you. You can reach out to us anytime at (516) 908-9792.