Law Offices of Brian R. Whitehead, PC

Due to IVF mix-up, couple gives birth to nonbiological twins

Emotional injuries from the loss of a child in Oregon leave no scars but can be just as devastating as physical injuries. A woman in New York claims that she has sustained both physical and emotional injuries after giving birth to two children unrelated to her, her husband or one another following an alleged mix-up at an in vitro fertilization clinic in California. 

She and her husband have now filed an extensive medical malpractice suit against the clinic, seeking compensation for injuries that they describe as permanent and significant following the loss of the two children they had carried. 


Reportedly, the couple was able to recognize that something had gone wrong almost immediately after the babies' birth. The two parents are of Asian descent, but neither of the babies appeared to be. DNA testing revealed that neither of the two baby boys bore any biological relationship to the couple, nor to one another. Rather, each started life as an embryo created for one of two other couples who were patients at the same clinic. 

Because of the lack of a biological tie to the children, the couple had no legal claim to them and had to relinquish custody. There is no information as to how the mix-up occurred or what happened to the embryos intended for the couple. Their lawsuit against the IVF clinic includes counts of breach of contract, negligence and medical malpractice. There has been no disclosure as to the amount of compensatory damages they are seeking from the clinic, but the couple themselves report that their expenses related to the treatment they received from the clinic amount to more than $100,000. 

In addition to the injuries it causes, medical malpractice also involves the additional insult of broken trust. Patients who have received substandard care from a provider or facility may wish to seek the counsel of an attorney. 


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