Egg Donor & Surrogacy Law Blog : Surrogacy and Egg Donation Lawyer & Attorney : Theresa Erickson : Erickson Law Firm : Practicing Reproductive and Gestational Carrier Law

With the new blunder discovered at a UK clinic, more patients are afraid of what if it happens to them....

In fact, as discussed by By Susie Mesure in The Independent, donor sperm with chromosomal abnormalities went unscreened, raising the risk of miscarriage and birth. defects. 

"A serious blunder at one of Britain's top fertility clinics dramatically increased the risk its patients would suffer a miscarriage or give birth to a child with serious health problems, sparking fresh fears about how IVF centres are run in the wake of a series of scandals."

In fact, "Fertility experts believe the LWC's error could be the "tip of the iceberg", and that it raises serious concerns about how the industry is regulated. It is the latest in a series of high-profile incidents, including a couple's last viable embryo being implanted into another woman, and eggs fertilised with the wrong sperm, forcing three couples' embryos to be destroyed."

"The blunder constituted the most severe mistake that a clinic can make, according to the Human Fertilisation and Embryology Authority, which regulates the multimillion-pound IVF sector. In future, the watchdog will name and shame clinics for similar incidents under new rules to expose mistakes and near misses."

Yes, mistakes do happen, and we need to keep an eye on regulations that will make this field of medicine as error free as possible.  In fact, there are many things that the fertility patient can do for themselves to ensure that they set themselves up for success versus the failures that we have seen in the UK, Ohio and even Louisiana.

I suggest to each one of my clients that following:

1. Make certain that your doctor and clinci is board certified and cleared by the FDA, including their lab being accredited.  Look to SART,  CDC, and the AMA.

2. Speak with your clinic to understand how they label embryos, sperm, eggs, etc.  Also, ask questions regarding all testing provided by the clinic on embryos, sperm, and eggs.

3. Always check to see if there are any complaints against the clinic and/or the doctor;

4. Ask the clinic if they have a policy for disclosing mistakes or errors to patients?  Also, what is their history of any such mistakes/errors.

5. DO NOT BE AFRAID to ASK QUESTIONS - no question is stupid or silly. 

For more information, also look to Dawn Davenport's article on this issue.

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Good Monday Morning to all!   Today's focus in Europe, specifically Croatia, where they have some of the strictest IVF laws.  At this point the legistlature has voted to restrict IVF treatment to married couples and only those who can prove that they have been together for at least three years.  Furthermore, they are also prohibiting the freezing of embryos left over from any treatment.   Donors of eggs and sperm can also no longer be anonymous, and the information can be accessed at the age of 18 by the child. 

Critics claim that this new legislation is going to stop IVF treatment all across the country.  The President has referred the legislation to the Constitutional Court, where childless couples and individuals will have to wait until next April for a hearing. 

In the UK, a leading IVF lawyer is appalled at the latest figures regarding IVF clinic blunders just released by HFEA.  "Figures released yesterday by the HFEA under the Freedom of Information Act showed a catalogue of blunders at some of the countrys top IVF clinics, including staff dropping embryos, eggs and sperm on the floor or samples being mistakenly thrown out with the rubbish. Failed storage equipment also meant that frozen embryos and sperm samples thawed which could in some cases lead to a familys last chance of having a natural child of their own being lost. "

"The figures show that between April 2005 and March 2006 140 incidents and near misses were reported to the HFEA. Of these 91 were categorised as Grade A being the most severe with 38 Grade B incidents and 11 near miss incidents. The report Driving Improvement which is available from the HFEA website here confirmed that the most serious incidents include the loss of gametes (eggs or sperm) and embryos through dropping dishes or tripping or accidental disposal and that equipment failure compromised viable embryos."

This is certainly a tragedy for all patients involved. 

"Muiris Lyons added I have acted for a number of people who have lost gametes or embryos in claims against the clinics involved. The recent report shows the scale of the problem which has plainly affected a significant number of people.

The most serious IVF blunder in the UK occurred in Leeds in 2002 when mixed race babies were born to a white couple after a womans eggs were fertilised with the wrong man's sperm."

"The case gave rise to the recent acclaimed Channel 4 docu-drama Born with Two Mothers "Born with Two Mothers" in which Muiris appeared as himself advising one of the couples involved in the mix-up. The plot device was also used in the third series of hit American show Desperate Housewives which aired on Channel 4for the first time in the UK last week where childless couple Gabrielle and Carlos Solis were the victims of an IVF clinic blunder which resulted in their surrogate mother giving birth to a black child following an embryo mix-up."

Ouch! 

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