A couple has alleged that they are now parents of 4 new babies due to a fertility clinic's desire to maintain their statistics, and are suing for medical malpractice, as reported by Courthouse News.
The couple states that they had made their desire to have only one baby known on numerous occasions. The suit states that they had told the clinic that they would "rather have no children than a multiple pregnancy" but the clinic ignored their requests.
It is further alleged that the clinic was more interested in "the maintenance and improvement of their published statistical implantation success rate" than in acquiescing to parents wishes.
Multiple embryo implants were placed into the mother, F.B., and she later gave birth to four premature babies - all survived.
Named in the suit are Northwest Center for Reproductive Sciences and Drs. M.O. and G.L. F.B. and her husband P.B filed the suit in King County Court.
The suit claims that though the couple made repeated requests for a single embryo the clinic continually pressured them to implant more.
The couple had one child through a normal pregnancy, but had difficulty maintaining a second pregnancy. The stated that they "clearly explained" their desire for only one more child to the doctors at the clinic.
The lawsuit reads, "In their initial discussions with (Dr. G.L.), the (couple) clearly explained that they were concerned about the possibility of a multiple birth, due to concerns regarding the health of the babies conceived in this manner, (F.B.) health, and because of the likely effect of a multiple birth on their ability to continue to provide an attentive, loving family environment for their son. They told (Dr. G.L.) that they would rather have no children than a multiple pregnancy."
The couple also has stated that they didn't want their embryos frozen or preserved to use at a later time. This request, that they were aware may not qualify them for in vetro fertilization, was made due to "their religious and personal moral convictions."
The suit further states, "(Dr. G.L.) and Northwest Center agreed to this course of action requested by the (couple). (Dr. G. L.) informed the (couple) that their desires and concerns were reasonable, that they were consistent with his own philosophy and preferences, and that they were consistent with the direction the field of in vitro fertilization was heading. He informed the (couple) that he would support their plan and he encouraged them to proceed with the in vitro fertilization. He informed the (couple) that he believed that they would have a good chance of conceiving with this plan, but that more would be known upon assessing (F.B.'s)
egg quality.
Without this representation and encouragement by (Dr. G.L.) and Northwest Center that they would abide by the (couple's) wishes in formulating and following a conservative treatment plan, the (couple) would not have proceeded with the in vitro fertilization procedure."
When F.B. later met with Dr. M.O. he said he was "unaware of the previous plan of treatment agreed to by (Dr. GL.) and Northwest Center ". He argued that it would be unlikely that they would gain one or two viable embryos and that by implanting just a single embryo, F.B. "won't get pregnant."
Eventually the couple felt pressured into accepting the multiple embryo implants.
Damages are sought for medical negligence, violation of the Consumer Protection Act and medical expenses.
Have you been steered into accepting medical care that you neither requested nor wanted? If you have suffered due to the care of a doctor contact a medical malpractice attorney for help!