Monash IVF Reached $56 Million Settlement With Over 700 Former Patients Following Allegations They Destroyed Their Embryos
CREMORNE, VICTORIA (October 18, 2024) – Monash IVF, an Australian fertility company, has reached a $56 million settlement with over 700 patients who claimed their embryos were destroyed.
The landmark class action claimed that the embryo loss was due in part to faulty testing. According to the lawsuit, 35% of the embryos that allegedly had abnormalities were actually normal and could have resulted in a viable pregnancy.
Attorneys for the case also claimed that company employers engaged in numerous forms of misconduct. This includes allegedly doctoring the results of a clinical trial, forging patient signatures on consent forms, and burning documents.
Monash IVF Group has confirmed it reached a settlement. However, the results are still subject to approval by the supreme court of Victoria.
No admission of liability has been made by the company. Prior to the settlement, an October trial was set to start in the Victorian supreme court.
Liability For IVF Misconduct
IVF misconduct remains all too common in the United States and across the world. According to one study in the North American Proceedings in Gynecology & Obstetrics, “Two hundred five IVF incidents (84.9% U.S., 2.9% U.K., 12.2% other), excluding large-scale tank and alarm failures and power disruptions, which affected 307 people (79.8%, 3.3%, 16.9%) and/or 258 specimens (84.5%, 2.7%, 12.8%), resulting in 76 lawsuits (65.8%, 7.89%, 26.3%) were identified worldwide, and categorized by error types. Specimen mix-ups were the most prevalent type (95.0%).” There are a number of common errors in an IVF clinic that could result in the destruction of embryos.
- Improper Embryo Storage: An IVF clinic may have made mistakes in maintaining the proper temperature or conditions for cryogenic storage tanks. This can result in catastrophic embryo loss.
- Contaminated Embryo Media: Embryos are maintained in a highly sensitive solution known as “media.” When this solution becomes contaminated in any way, this may destroy embryos. This could be due to mishandling or several other factors.
- Mislabeled or Misidentified Embryos: Errors in the labeling or tracking of embryos can lead to healthy, viable embryos being discarded when they should not have been.
- Inadequate Quality Control: When an IVF clinic fails to follow best practices, this could lead to preventable mistakes that imperil embryos and put IVF patients at risk.
IVF clinics have a legal obligation to protect their patients from harm and prevent the loss of their patient’s embryos. An embryo is not something like a chair or a car that can be replaced if it gets destroyed. It often represents the only hope that a couple may have to raise their own biological children. When an IVF clinic engages in misconduct that results in the destruction of embryos, this could form the basis of a negligence claim. It is important that certain steps are taken after any instance of IVF misconduct.
- All documents and medical records related to the IVF treatment should be collected.
- All correspondence with the IVF clinic should be preserved, including emails.
- An experienced IVF misconduct attorney should be contacted.
IVF can be extremely challenging for all involved, even in the best of circumstances. Couples may spend tens of thousands of dollars with the hope of getting pregnant. But in far too many situations, IVF clinics fail to follow safety protocols. Errors in an IVF clinic are rarely the result of the wrongful actions of a single person. It is much more common that they are the byproduct of faulty systems within the business. This may include failing to double-check biological samples and ensuring certain quality controls are met. Any person who is the victim of IVF misconduct may be able to seek some measure of justice and accountability through a civil claim.
Getting Legal Help For IVF Misconduct
We at Gersowitz Libo & Korek, P.C. were deeply concerned about the allegations of misconduct against Monash IVF. It is our hope that this settlement sends a clear signal to IVF clinics across Australia and around the world that misconduct will not be tolerated. Profits should never be valued over the safety of IVF patients and their embryos.
Have you or someone that you care about been impacted by IVF negligence? You may have legal recourse. Our team of IVF misconduct attorneys is here to help in any way that we can. We are committed to helping patients and holding IVF clinics accountable for their misconduct. Whether you just have legal questions or need any type of support, we are here for you. You can reach out to our firm anytime at (800) 529-9997.