The American Fertility Association Responds to Alleged Embryo Mix-Up Case in Ohio

September 24, 2009 - An Ohio woman, 40 year old Carolyn Savage, claims a fertility clinic implanted the wrong embryo and that the baby she’s due to deliver the first week in October is not hers.  Several media reports state Savage and her husband plan to give the baby boy to his biological parents.  The name of the clinic is not being released in this very rare alleged case. 

The AFA is issuing the following statements regarding the matter:

Medical:
“If the facts in the Ohio case are concordant with media reports, it’s a very unfortunate circumstance for all concerned, a result not to be minimized or trivialized. The story is newsworthy, however, because it is an extremely rare event.
In 2007, there were 132,262 IVF cycles performed in the United States (Fresh, Frozen and Donor Egg, per the CDC) in which more than 300,000 embryos were placed into the intended recipients. Embryology laboratories have extremely rigorous procedures to maximally ensure public safety and the health of our patients and their children born of IVF.
The Ohio case is rarer than 1 in a million and I speculate that human error, not malintent, will prove to be the root cause. I have every confidence that each IVF program in the country will review their procedures and discuss this case to reinforce what we already know, that the work we do each and every day is very special and that the hundreds of thousands of patients we help each year are counting on us to do our best every day.”
-Alan Penzias, MD, Member, AFA Board of Directors

Legal:
“Unfortunately, due to the acknowledged negligence of the IVF Physician and clinic, this Ohio couple, by choosing to proceed with the pregnancy, is obligated to afford the other couple the legal rights to this little boy.  Any case, such as this that would go before a court of law, would likely grant full legal and physical custody to the other couple without any visitation to the Ohio couple.  They appear to be aware of this – such an unfortunate event for all parties involved.”
-Theresa Erickson, Esq., Member, AFA Board of Directors; Member, AFA Legal Advisory Council

Mental:
“As a psychotherapist and co-chair of The American Fertility Association, patients receiving treatments live in fear of this happening to them.  The AFA continues to encourage patients to become educated consumers and ask their treatment providers about their procedures for safeguarding their genetic materials. Programs are required to have in place strict guidelines that are overseen by numerous state and federal agencies requiring very specific procedures to be practiced and in place by each reproductive center.
These incidents are rare and patients should feel assured that the majority of centers follow these rigorous guidelines.  When these rare accidents do occur, it can be not only psychologically devastating to the couples involved in this mix-up but emotional damaging to the thousands of patients who are currently receiving or starting fertility treatments. We at the AFA hope that the media will allow these couples, the children involved, and the baby yet to be born to privately get the support that they need to cope with this emotionally difficult experience.”
-Patricia Mendell, LCSW, Co-Chair, AFA Board of Directors

The American Fertility Association, a 501 (c) (3) national non-profit organization is a lifetime resource for infertility prevention, reproductive health and family building.
http://www.theafa.org or .

Brian Armentrout
Communications Director

brian@theafa.org

Alan Penzias, MD

apenzias@bostonivf.com

Theresa Erickson, Esq.

terickson@ericksonlaw.net

Patricia Mendell, LCSW

pmendell@aol.com

Embryo Mix-Up, Resulting Abortion, and Adequate Justice?

Well, in case that is catching alot of media attention involves a couple who went back to their IVF clinic in the UK to use their last remaining embryos to create a second child.  The reports are as follows:

"A couple who were having IVF treatment when their final embryo was implanted in another woman by mistake said today they might use the compensation they received to try for another child.

The couple, from Bridgend, south Wales, who have a six-year-old son and are identified only as Deborah and Paul, won a legal battle against the IVF Wales clinic, in Cardiff. The woman who received their embryo was told of the mistake shortly after it occurred and decided to terminate the pregnancy.

Deborah and Paul said they would consider trying for another child but it would be two years before they seriously thought about attempting another cycle of IVF treatment because they were not "emotionally ready" after the blunder by the Cardiff and Vale NHS trust.

They turned down an offer of another round of IVF treatment by the trust free of charge after the mix-up and reiterated today that they could never return to the trust because they had lost faith in its staff and procedures.

Nine embryos had been created using IVF in 2000, and Deborah, a 38-year-old hospital worker, subsequently gave birth to a son.

The remaining embryos were stored until 2007, when she and her husband, a 40-year-old print plant manager, decided to try for a second child. One of the embryos had survived and they travelled to the clinic for treatment, only to be told of the mix-up.

Deborah said the couple had been hoping to provide their son with a sister. Describing the moment when they were told about the mistake, she said: "We felt absolutely devastated. Both of us got very tearful.

"We just wanted to get out of there. The actual mention of the termination part of it really upsets us because we tend to think of the embryo as the little boy that we have got because he was from the first batch of embryos."

Paul said: "It took some time afterwards for it to sink in. We decided then we wanted to investigate and we wanted a full report. They were supposed to send us an investigation and they weren't sending anything. That was when we involved a solicitor to look into the case and investigate it."

The causes of the blunder remained secret until lawyers obtained reports into the incident. Documents acquired by their solicitor, Guy Forster, showed that the previous year there had been "near misses" because of problems in monitoring the ownership of embryos."

As you can see the couple is devasted, and the age of the mother, who is now over 40, now works against them retrieving potentially new embryos.  Many are also debating whether the woman who became pregnant should have aborted.  Should she have agreed to be a surrogate mother for this couple?  I don't know - considering she was trying to get pregnant herself.  This is not an ideal solution in any stretch of the imagination.  What are your thoughts?  What should that woman have done?

As for the courts, they awarded the couple $50K according to reports.  Is that enough to compensate this couple?  Is any amount enough to compensate this couple? 

All I can say is that I feel deeply sorry for both couples - no one is a winner in this mess. 

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