Around 11 couples are suing an in vitro fertility (IVF) provider, alleging that it implanted “dead” and “toxic” embryos despite knowing they were not viable.
According to ABC News, nine couples allege that workers at Ovation Fertility in California exposed the embryos to lethal doses of “poison” in a combined complaint filed on Tuesday. According to the report, they underwent implantation of the embryos in January of this year, but none were successful.
According to the lawsuit, the couples blamed themselves and their bodies in the days and weeks following their unsuccessful pregnancies. Some even undertook medical tests to determine what had gone wrong.
However, in February and early March, Ovation Fertility began informing their physicians that something had gone wrong in the labs, according to the report.
Ovation Fertility is being sued on a variety of grounds
The fertility center also noted that it has maintained continuous communication with the affected patients since discovering the issue. Ovation Fertility expressed its dedication to assisting patients in family building and reiterated its commitment to maintaining strict protocols to ensure the safety of the process.
The lawsuit claims that the fertility center finally admitted there was a problem after several doctors asked why there was a 0% success rate for embryos that had been thawed over two weeks when the success rate is ordinarily 75%. It further claims that Ovation tried to “trick” patients into signing waivers of claims and non-disparagement agreements.
The nine couples came forward after two other couples filed a similar case last week, claiming their embryos were destroyed when a lab staffer wrongly used hydrogen peroxide instead of a sterile solution in an incubator.
Ovation Fertility is being sued on a variety of grounds, including negligence, medical battery, concealment, intentional misrepresentation, negligent misrepresentation, negligent hiring, retention, supervision, and loss of consortium.
In a statement to ABC News, the fertility center said that has protocols in place to protect the “health and integrity of every embryo under our care”. “This was an isolated incident related to an unintended laboratory technician error that impacted a very small number of patients. As soon as we recognized that pregnancy numbers were lower than our usually high success rates, we immediately initiated an investigation. We did not knowingly transfer nonviable embryos for implantation,” Ovation Fertility said.
“We have been in close contact with these few impacted patients since the issue was discovered. We are grateful for the opportunity to help patients build a family and will continue to implement and enforce rigorous protocols to safeguard that process,” it added.