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June 23, 2020When people struggling with fertility issues turn to medical professionals for help, they expect those professionals to recommend and provide appropriate treatments, and to follow accepted procedures and protocols in the process. One New Jersey couple has filed a lawsuit, alleging their fertility clinic and doctors failed them, resulting in 19 lost embryos, dozens of unsuccessful procedures, and apparent missteps over a period of several years.
As detailed in a recent New York Post article, Christopher and Nicole Mooney are suing the New York Fertility Institute for unspecified damages, alleging that the failed pregnancy attempts they endured indicated problems “with lab procedures, biopsy process, or the general care of the embryos.”
The couple claims the medication prescribed by the clinic’s physicians was nearly double the dosage normally given and that her complaints about symptoms and side effects were not taken seriously. In addition, they learned last year that a healthy frozen embryo had been forgotten in a clinic storage freezer.
When the Mooneys switched to a different fertility clinic, the doctors used a new protocol to improve egg quality – one the New York Fertility Institute allegedly never suggested. After making the switch, the couple conceived via surrogate almost immediately.
This case is pending in the New York court system, so we don’t know the outcome yet. It’s a situation that may touch a nerve with many couples who have not had the success they want using assisted reproduction procedures and techniques. Usually when such procedures don’t result in viable pregnancies, there are legitimate reasons, out of the clinics’ or doctors’ control. Unfortunately, however, there have been situations where procedural failures at clinics were to blame.
It is impossible to guarantee that you will have success when turning to assisted reproduction. Working with a skilled attorney can help you protect your rights in the process though. To learn more, contact us today!