And embryos too? And how is Nancy Hersch always there to see it happen? It’s an address -- 1700 California Street, San Francisco. And it’s the home of both Laurel Fertility Clinic and Fertility Associates.
Fertility Associates made the news in 2004 when Nancy Hersh, founding partner at San Francisco's Hersh & Hersh, obtained $1 million in damages in a medical malpractice case filed on behalf of Susan Buchweitz, who was accidentally implanted with the embryos of another couple. Buchweitz’s fertility specialist allegedly failed to tell her of the mistake until her child was 10 months old, leading to an eventual custody battle between Buchweitz and the couple. According to the National Law Journal, the Medical Board of California revoked the specialist’s medical license in 2005.
On Monday, Hersh filed another suit, this time against Laurel Fertility Clinic, which happens to occupy the same office suite at 1700 California Street as Fertility Associates. The suit claims that doctors at the Laurel Fertility Clinic used the wrong sperm to fertilize Katharine Aschero's eggs. Once the error was discovered, the clinic destroyed the viable embryos without the Aschero’s consent. The Laurel suit does not raise claims of medical malpractice, but instead alleges breach of contract and common law negligence and seeks $80,000 in actual damages, plus damages for emotional distress and punitive damages.
Read the whole story at The National Law Journal.
(HT: Jill Fisch)
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