Botched IVF Procedure at Clinic Finally Settles & Yet Another is Filed
By Theresa M. Erickson
The San Francisco Gate recently reported the following:
“A San Mateo County couple filed suit against a San Francisco fertility clinic this week, claiming the doctors implanted the wrong sperm into the woman’s eggs and then destroyed the embryos without consent.
According to the complaint, filed Monday in San Francisco Superior Court, Katie Aschero, 31, of El Granada underwent egg retrieval in February in an effort to have a child with her husband, Robert, via invitro fertilization.
The Ascheros later learned that seven of the 13 viable embryos had been inseminated with another man’s sperm and that the clinic’s staff destroyed those embryos in violation of the couple’s contract with Laurel Fertility Care in San Francisco, the complaint said.
The Ascheros’ attorney, Nancy Hersh, said the clinic’s decision to discard the embryos violated their contract.”
[Editor's Note: This post was originally based upon a National Law Journal article. Laurel Fertility Care has disputed some of the reporting by the National Law Journal; therefore, we are removing the disputed information in order to keep our readers from being influenced by material that may not be correct.]
Posted in Uncategorized | (2) Comments/Questions
Thanks for picking this up, but in fact, the case that was filed yesterday is a new case and does not have to do with the prior $1 million settlement. That case has been settled for some time now and involved the same clinic when it was owned by a different party.
The new case involves the fertilization of the plaintiff’s eggs with the sperm of a stranger, not her husband and the destruction of those embryos without the couple’s consent. This is a different couple entirely.
For a detailed understanding of this case, please visit http://www.hershlaw.com
thanks very much for your interest in this important area of the law
louise rosen byer
Thank you for the update and information. I usually have limited information, and this is important. Please keep our readers updated.