Nevada Lawsuit Alleges That IVF Mix-Up Occurred Leading Father and Daughter To Not Be Biologically Related
LAS VEGAS, NEVADA (October 4, 2024) – A lawsuit involving a father and daughter in Las Vegas alleges that an IVF mix-up led to a situation where neither were biologically related to one another.
The error came to light after the 18-year-old girl took a DNA test in 2023. According to court documents, the unnamed man went with his deceased wife to Dr. Rachel McConnell, who led the now defunct Nevada Fertility C.A.R.E.S fertility clinic.
At the time of the IVF treatment, the father believed that the embryo was created with a donor egg and his sperm. An embryo was successfully implanted, and the plaintiff’s late wife gave birth to a baby girl in October 2006.
But a DNA test from Ancestry.com showed that the father and daughter are not related. This has left the father wondering what became of the embryo created with his sperm.
The lawsuit claims that the IVF clinic was reckless and negligent in providing services.
Liability For IVF Misconduct
IVF mixups are unfortunately much more common than many people may realize. They nearly always involve some level of human error. According to one study in the Journal of Assisted Reproduction and Genetics, “Improper labeling or record keeping may result in the wrong embryo specimen being used in ET. It is essential that IVF clinics and all personnel involved in handling embryos be meticulous and diligent in labeling and accounting of specimens.” Fertility clinics should take a number of measures in order to prevent IVF mix-ups.
- Strict Protocols: Fertility clinics must establish strict protocols for labeling and handling gametes.
- Double Checking: Every step of the IVF process should be double checked by a trained laboratory technician.
- Staff Training: All fertility clinic employees should be properly trained to perform their designated tasks.
- Regulatory Compliance: Fertility clinics must comply with all safety regulations set by the American Society for Reproductive Medicine (ASRM) and the Society for Assisted Reproductive Technology (SART).
Fertility clinics have a legal obligation to properly care for patients and their embryos. If a fertility clinic fails to follow accepted procedures, they could be liable for breach of contract. The clinic could also face liability for the emotional distress that their patients experience. Going through IVF can be extremely difficult in the best of circumstances. When a couple loses an embryo or has the wrong embryo implanted, this can be devastating. It is crucial that certain steps are taken after any instance of IVF misconduct.
- Medical records related to the procedure should be collected.
- Signed documents and financial agreements should be reviewed.
- Communication logs between the IVF clinic and the patient should be sought.
- A report should be made with the state medical board.
- An experienced IVF misconduct attorney should be contacted.
It can be hard to know where to begin after any instance of IVF misconduct. Embryos are not some infinite resource that couples have access to forever. If an IVF clinic destroys embryos, this may eliminate a couple’s ability to have their own biological children. Indeed, many couples who have lost embryos have likened the situation to the death of their children. Victims of IVF misconduct are able to seek some measure of justice through a civil claim. An IVF misconduct attorney can examine all of 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 deeply concerned to hear about this story involving the Nevada Fertility C.A.R.E.S fertility clinic. There needs to be a thorough investigation into how widespread the misconduct may be. Couples should be able to pursue IVF without the fear that they will become the victims of misconduct and malpractice.
Have you or someone that you care about been impacted by IVF misconduct? You may have legal recourse. Our team of IVF misconduct attorneys is here for you. We are committed to helping victims of IVF get justice and holding fertility clinics accountable for their misconduct. Whether you just have legal questions or are thinking about hiring an attorney, we are here for you. You can reach out to us anytime at 800-529-9997.