Audit finds human eggs missing from defunct donor firm - SanLuisObispo.com

Wait a minute....now, the media is assuming alot more here than they should be.? An audit?? Let's not make this official as if we have Ernst Young auditing these files.? See below, and what say you?? - Theresa EricksonThe Associated PressSANTA FE SPRINGS, Calif. --An audit of a now-bankrupt egg donor firm found that thousands of eggs and hundreds of embryos may be missing and unaccounted for, according to a report published Wednesday.Options National Fertility Registry, once one of the nation's largest egg-donor registries, went out of business in 2003 after an egg donor sued the company, alleging a doctor had given her eggs to a couple without her knowledge.The lawsuit prompted the Santa Fe Springs-based company to check every "post-cycle" report it had received from doctors during a 10-year period. The most recent audits of those reports suggest that 2,189 eggs and 596 embryos were unaccounted for, The Orange County Register said.Those cases involve 229 donors and 102 physicians at some of the nation's most prominent infertility clinics, the newspaper said.A spokesman for the American Society for Reproductive Medicine told the newspaper the audit results did not prove wrongdoing by the firm or the fertility doctors who used its eggs but could be the result of poor record-keeping."This is a program that has been in bankruptcy for years, and it's not surprising there might be discrepancies in the record-keeping," said spokesman Sean Tipton. "I don't think there's any indication of wrongdoing by doctors."To donors, the unaccounted-for eggs and embryos mean there might be children somewhere they do not know about.One woman who donated her eggs through Options five times said she doesn't know the fate of four embryos created from her eggs. The woman, who was not fully identified by the Register, knows of twins that were conceived with her eggs but now wonders if other children were conceived using her extra eggs.Options was formed in 1992 and filed for bankruptcy in 2005. At its height, it had 22 employees, contracts with hundreds of doctors and handled 60 to 80 donations per month. It earned about $2,600 for each donation.

UK - Surrogate mother must return boy - BBC News

Appeal judges have ordered a surrogate mother who refused to give up her baby boy to return the child to his father. The baby was conceived after an agreement between a married man from Leeds and a married surrogate mother from Bristol, who has several children.The court heard the father agreed to inseminate the woman on condition that the child she bore would be handed over to him and his wife after birth.But it became clear the mother had no intention of handing the child over. Legal proceedings began at Bristol County Court and Mr Justice Coleridge awarded custody of the boy to the father under the surrogacy agreement.He found the surrogate mother had never intended to hand the child over and was motivated by "a compulsive desire to bear a child or further children".The mother was granted permission to appeal against the order, retaining custody of the boy until the matter was finally settled.On Thursday, Lord Justice Thorpe, Lord Justice Lloyd and Lord Justice Toulson, sitting at the Appeal Court, dismissed the mother's claim and opened the way for the father and his family to travel to Bristol to collect the little boy.http://news.bbc.co.uk/2/hi/uk_news/england/west_yorkshire/6917815.stm

Can I Get a Little Regulation Here? - What Does Everyone Think?

By Jennifer Lahl, National Director The Center for Bioethics and CultureThis week, the Orange Country Register, ran this headline: Thousands of human eggs may be missing. In the wake of Options National Fertility Registry's legal challenges, which forced them out of business in 2003, recent audits now show that 596 embryos and 2,189 eggs are MIA. One Options egg donor, identified as "Elizabeth", apparently donated eggs to one infertile couple, only to later learn her eggs were given to another couple without her permission or knowledge. "The second couple was initially denied use of the eggs, but was later permitted to use them as part of a legal settlement." Women who donated their eggs through Options are now being asked to check their contracts to see if they are one of the egg donations cycles with suspected irregularities. Suspected irregularities sounds like a lawyered up way of saying we really messed up and now we need to do major damage control.Of course, none of this is new news. People involved in a major fraud case from 1995, with fertility doctors at the University of California, at Irvine, have just settled for $23.2 million in damages. "The greatest injury, and thus the greatest payouts, resulted after one woman's eggs were taken without her consent, and then given to another woman who ultimately gave birth to a child."And even outside the U.S. abuse exists. In 2000, "two of Israel's most senior infertility specialists have been put under police investigation for allegedly overstimulating the ovaries of patients in order to produce large numbers of ova, which they then 'sold' for treating infertile women in Israel and abroad."There is also the famous IVF mix-up case where a white couple gave birth to black twins. Dr. Sammy Lee, of a London hospital, explains that we need not be alarmed as human error happens. There have been several other cases of couples giving birth to the wrong children. Typically these are caught though, because the babies born have different skin color than the parents! How many others are born that go unnoticed? Wrong embryos being implanted. Women's eggs and men's sperm getting mixed up along the way. Eggs taken without permission and given or sold to someone else. And afterwards, the courts are left to clean up the mess. Whose baby is this? Who has legal rights and obligations? Who decides?My colleague, Josephine Quintavalle, with Comment on Reproductive Ethics, (CORE) is always quick to remind me, as far as regulation goes-- Be careful what you ask for! In the U.K. for instance, IVF is regulated by the Human Fertilization Embryo Authority (HFEA) but the regulated IVF industry in the U.K. has brought us post-menopausal women giving birth, payment to women for their eggs, and the famous 'egg sharing' program which offers IVF discounts to poor women in exchange for their eggs for cloning research.Since the IVF industry won't self-regulate, perhaps it is time to step in and manage them. I am not asking for meaningless regulation which would be just a slap on the hand or nothing more than suggested guidelines. I'm ready for something with teeth that includes a clear plan for enforcement with strict penalties attached for those who violate.http://alwayson.goingon.com/permalink/post/16311

WA - push to change surrogacy laws - Perth News

By Nick Taylor

July 25, 2007 01:00pm

FEDERAL Attorney-General Philip Ruddock should remove legal obstacles that stop infertile couples using surrogacy to have a baby, the State Government says.

http://www.news.com.au/perthnow/story/0,21598,22132435-948,00.html

Doctors downplay egg audit - Update on Sunday's story on missing eggs

Gaps in files blamed on bankrupt fertility company, not clinics

An audit of a defunct egg donor firm's records ? suggesting that thousands of human eggs are unaccounted for ? more likely reflects sloppy record-keeping than misappropriation by fertility doctors, a spokesman for the American Society for Reproductive Medicine said Tuesday. "While any credible allegation about the misuse or misappropriation of reproductive tissue should be taken seriously, it's not clear what this is all about," said spokesman Sean Tipton. "This is a program that has been in bankruptcy for years, and it's not surprising there might be discrepancies in the record-keeping. I don't think there's any indication of wrongdoing by doctors." The records at issue belong to Options National Fertility Registry, which was one of the nation's largest egg-donor registries for a decade, linking egg donors with infertility patients from coast to coast. Options was forced out of business in 2003 after getting caught up in a tangle of lawsuits in Texas, its bankruptcy petition says. The company faltered after an Options donor, identified only as "Elizabeth," contracted to donate her eggs to one infertile couple, and later learned that the doctor gave some of her eggs to a second couple without her knowledge or consent, the bankruptcy documents say. In the wake of this revelation, Options, then of Santa Fe Springs, combed through every "post-cycle" report it received from doctors over a decade of business. Those reports provide a snapshot of how many eggs each donor produced, and what became of those eggs. Information was supplied by the doctors themselves. The most recent audit of those reports suggests that 2,189 eggs and 596 embryos were unaccounted for. Those cases involve 229 donors and 102 physicians at some of the nation's most prominent infertility clinics. The audit was done by Helen Okuda, a clinical laboratory scientist, and pointed to "data discrepancies potentially due to egg-sharing," bankruptcy documents said. Melinda Lansford, Options' medical records supervisor for six years, believes that the Texas egg-sharing incident was not an isolated one. She feels the audit demands further investigation, and bristles at those who dismiss the post-cycle reports. "We didn't fill those forms out," she said. "We faxed the blank forms to the doctors. They filled them out, signed them and sent them back. I know they blame it on sloppy record-keeping, but this is what the doctors signed their names to. If it was sloppy recordkeeping, it was from the doctor's end." The records suggested doctors may have deprived Options of hundreds of thousands of dollars in fees. A special counsel was hired, and demand letters were sent to doctors. But Thomas H. Casey, the bankruptcy trustee, filed a motion Monday saying that the post-cycle reports are not authoritative enough to stand as evidence in court. The responses from doctors "show that the data discrepancies in the post-cycle reports are not alone a sufficient basis to allege unauthorized egg sharing," Casey wrote. "Many of the doctors provided laboratory records appearing to show that the post-cycle reports were simply not sufficiently detailed to capture a full picture of what occurred, and what was done with each egg and/or embryo. The post-cycle reports were allegedly not prepared, provided or originally intended for that purpose. Therefore, from an evidentiary basis, the post-cycle reports have a much lower probative value than originally anticipated." Lansford feels that justice is not being done. "What they needed to do, if those reports aren't strong enough evidence, is try to get the actual embryology reports to back up what's on there," Lansford said. "I don't think they wanted to spend the time and money to do that." Tipton, spokesman for the 8,000-member American Society for Reproductive Medicine, does not agree. "In any endeavor that involves human beings, there is no way to completely eliminate mistakes," he said. "But I don't think there's any cause for alarm here, and probably not even cause for concern. I think you have to take into account the source." Options was formed in 1992 and filed for bankruptcy in 2005. At its height, it had 22 employees, contracts with hundreds of doctors and handled 60 to 80 donations per month. It earned about $2,600 for each donation. To donors, the unaccounted-for eggs and embryos mean there might be children somewhere they do not know about. Shawn, a mother of three in San Diego who is being identified only by her first name to protect her privacy, donated eggs through Options five times. The fate of four embryos created from her eggs is a mystery, according to Options' records. "It infuriates me and disappoints me," she said. "I can see how easily an egg can be (swept) over to the side. That's why I said destroy them, for this exact sole purpose of not wanting children out there that I did not specify." She was provided with the birth date and a photo of twins born of her eggs, for the protection of her own three children. It is possible, but unlikely, that her children could someday meet and accidentally marry their half-siblings. "It's flabbergasting to think there might be other children out there," said Shawn, who plans to request her medical records from the fertility clinic she worked with. Contact the writer: tsforza@ocregister.com or 714-796-6910

http://www.ocregister.com/news/doctors-reports-eggs-1785292-options-egg

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Miracle Birth - a story of sacrifice and survival

(CBS4) WESTON A true story of survival and sacrifice ends with the gift of life, not once but twice.Ayal and Caryn Chomsky live in Weston with their 7-month old twins but the journey to parenthood did not come easily because the twins did not come out of their mother, they came out of their grandmother.That?s because Caryn Chomsky was diagnosed with cervical cancer when she was just 25 years old.?When I found out I had cancer my first thought was, ?Oh my God I can't have kids?,? Caryn Chomsky told CBS4?S Carey Codd.Her husband, Ayal, was shocked when he first heard the news. ?It's the last thing you would ever think that your 25 year old, beautiful, healthy wife would have cancer,? Ayal told Codd.While Caryn would survive, she could not have children.The couple preserved Caryn?s eggs so they could someday have a surrogate carry their kids.That?s when Caryn?s mother stepped in and gave birth to the idea that she should be the surrogate. Ann Stolper was 59 years old.?I really wanted them to have their own children and I thought why can't I do it,? said Stolper.At first Caryn thought her mom was nuts, then the idea took hold and the Chomsky's did in vitro fertilization.Nine months later, and after a lot of fretting and worrying, little Maya and Etai Chomsky came into the world.?It was wonderful to have her carry my children. I couldn't have asked for anyone else to carry my children,? said Caryn.Ann has even offered to have another child for her daughter and son-in-law but for now, the Chomsky's say they are thrilled to have these two healthy babies and they?re happy Caryn is cancer free.The Chomsky's have become advocates for the use of Gardasil, the vaccine for HPV or the Human Papillomavirus.The Chomsky's believe the vaccine could have prevented Caryn's cancer.They along with their doctor believe the vaccine should be widely used by girls and women across the country.Dr. Rebecca Stern told CBS4 News, ?I've seen a significant increase in the detection of HPV. I really think the vaccination is a medical breakthrough."Legislators in Florida tried to make the vaccine mandatory but that effort failed.Some in the legislature argued the vaccine could promote sexual activity among girls and young women.http://cbs4.com/topstories/local_story_201114822.html

Article entitled "Thousands of eggs may be missing"

I would like everyone to read this article, and comment on how you feel about it. I am concerned with the inaccuracies, and I will be writing a press release to address this.

The Orange County Register by Teri Sforza
More than 100 fertility doctors in dozens of states may have brokered unauthorized transfers of human eggs, according to the bankruptcy court filing of a local company and its former records supervisor. Options National Fertility Registry was forced out of business in 2003 after getting caught up in a tangle of lawsuits in Texas, the court filing says. An Options donor, identified only as "Elizabeth," had contracted to donate her eggs to one infertile couple, and later learned that the doctor gave some of her eggs to a second couple without her knowledge, permission or consent, the bankruptcy documents say. Elizabeth sued, and settled with the doctor out of court. In the wake of this revelation, Options, of Santa Fe Springs, combed through every "post-cycle" report it received from doctors over a dozen years of business. Those reports detail how many eggs each donor produced, and what became of those eggs. Options initially found that 83 egg donation arrangements contained discrepancies and irregularities in the number of eggs retrieved, fertilized, transferred, frozen and/or disposed of. "To put it simply, there are many eggs and embryos that are unaccounted for," the bankruptcy petition says. Some doctors refused to provide post-cycle reports at all, said Melinda Lansford, Options' medical records supervisor for six years. More recent audits of Options' records suggest that there were 596 embryos, and 2,189 eggs, unaccounted for. More than 300 post-cycle reports had irregularities, involving 80 medical facilities, 102 physicians and 229 donors. "I wanted to help people have children, and I believed that this whole business was about the same thing," Lansford said. Lansford agreed to speak on the record Saturday after years of keeping a low profile because she has recently been diagnosed with an aggressive form of thyroid cancer. "I consider it a wake-up call," she said. "This needs to be known. I couldn't go on knowing that these women weren't aware of what's going on, and that the children resulting from these arrangements would have no link to their genetic roots." Options owner Teri Royal referred questions to her attorney, who could not be reached for comment late Saturday. The situation bears an eerie resemblance to the fertility fraud scandal at UC Irvine a dozen years ago. Then, doctors took eggs from fertility patients without their permission, and gave those eggs to other women, at least a dozen of whom later gave birth. "If it's true, it certainly would be a major scandal," said Arthur Caplan, chair of the department of medical ethics and director of the Center for Bioethics at the University of Pennsylvania. "They call these egg donations, but these are egg sales. But even when you agree to sell your eggs, you're agreeing to a specific purpose and a specific couple. As we saw with the UCI problems, people might have reasons for not making their eggs available to certain other people. They do have the right to control the disposition of their eggs. "It's not the same as stealing a whole embryo to make a baby," he said. "But you're supposed to know where things are going and it's absolutely important that the system can account for it and make sure it goes where it's supposed to go. If doctors are making deals on the side and moving them around ? for teaching, research purposes, whatever ? that is a violation of informed consent." Criminal laws changed in the wake of the UCI scandal, but they don't apply here. "The laws that passed say, 'Don't steal embryos.' They don't apply to eggs. There is no explicit law," Caplan said. Options was once one of the nation's largest egg-donor registries, a service linking egg donors with infertility patients from coast to coast. Options had 22 employees, contracts with more than 500 doctors all over the country, and handled 60 to 80 donations per month. The company earned about $2,600 for each donation. It was formed in 1992 and paid close attention to the UCI scandal in 1995, making doctors sign contracts acknowledging the exclusivity of the arrangement during each donor cycle. According to a civil lawsuits filed in Harris County, Texas, Dr. Michael Allon of Texas did not pay those contracts much attention. The suit says Howard McBride and Novella Rhodes McBride got Elizabeth's eggs without Elizabeth's knowledge. They became pregnant with twins, miscarried, and sued Allon, Options and others after they were refused access to the remaining frozen embryos, which had been fertilized with Howard McBride's sperm. Allon told the McBrides that the patients who had contracted with Elizabeth for an egg donation ? identified as "Mr. and Mrs. Doe" ? didn't have the money to complete the transaction, the suit says. Allon suggested that the McBrides split the cost of Elizabeth's cycle, and the resulting eggs, with the Does. "Dr. Allon assured Ms. Rhodes-McBride that it was legal and that physicians are actually encouraged to promote egg sharing among patients," the suit says. In a cross-claim, Options said that this scandal harmed its reputation and led to its ultimate destruction. It filed for bankruptcy in October 2005. Audits of its records done since the bankruptcy filing suggest that the scandal is even larger than originally believed, involving 102 doctors and more than 500 unaccounted-for eggs. "It's inconceivable to me that any doctor would do something like this after the UCI scandal," said Lansford, Options' records supervisor. "Nobody realized it wasn't an isolated incident, that it could be an industry-wide practice. It has happened once (with Allon), and appears to have happened several more times." Lansford said she didn't recognize the discrepancies in the records at the time. "I was no expert," she said. "I'm not qualified to tell what is off and what is not." Her job was to collect and file the post-cycle reports, detailing what happened to the donors' eggs and embryos. The purpose was not to evaluate or double-check doctors' work, but simply to keep track of how donors responded to treatment, and who might be called on for more donations later. There could be many reasons why the numbers would be off, she said. Some of the eggs harvested may have been unusable or damaged. Some may have failed to divide after being fertilized. Some of the fertilized eggs may have stopped dividing. But, in some of the post-cycle reports, the difference between the number of eggs retrieved and the number of embryos created is as high as 50 percent. "The fact that they didn't add up poses questions," she said. One post-cycle report, for example, lists the number of eggs retrieved as nine, the number of eggs fertilized as two, the number of embryos transferred as two and the number of embryos frozen as two. How there could be four embryos ? two transferred and two frozen - when only two eggs were fertilized, is one of the unanswered questions. Lansford's hope is that explicit laws will be enacted to make unauthorized egg transfers a crime, and urges others with knowledge of these to come forward. "My concern is not just about Options, but about all the other donors from other agencies who thought they were working with just one couple. How can we ever know how many children are out there?" Lansford said. "I'm afraid of repercussion. But legislation needs to be written to protect donors and the children. Nobody seems to care. Nobody wants to get involved. I had to say something. Somebody has to do it." Egg irregularities The following are donor numbers of women who donated eggs through OPTIONS National Fertility Registry, whose cycles had suspected irregularities. Women should check their contracts; if their number is on the list, they should request copies of their medical records. http://www.ocregister.com/news/eggs-options-doctors-1782305-embryos-egg