I’ve blogged a few times in the last couple of weeks about sperm
and embryo mix-ups, as well as egg
misappropriation. Two more
cases were in the news this past week.
Ochsner Hospital Elmwood has indefinitely suspended
operations at its in vitro fertilization center in Elmwood because of a mix-up
in the labeling of frozen embryos.
Despite the errors, Ochsner Chief Executive Officer Pat
Quinlan assured that no embryos had been implanted in the wrong mother.
According to Quinlan, "we have reason to believe the
IVF center has been compromised due to what appears to be a significant
labeling issues which makes us unable to account for all of the frozen embryos
in our IVF center."
The hospital is conducting an audit of the entire in vitro
fertilization program, which has been in operation since 2003. Approximately 100 couples may be
affected by the labeling errors. According
to news reports, two class action lawsuits have been filed against Ochsner so
far.
The Ochsner motto is pictured above: "Healthcare With Peace Of Mind." Hmmm . . .
(HT: Adam Feibelman)
In Ohio:
Carolyn
Savage gave birth to a baby boy on Friday, after the fertility clinic where
she underwent in vitro fertilization transferred another couple's embryos into
her uterus. According
to CNN, the Savages were informed of the mistake in February, 10 days after
undergoing in vitro fertilization, and determined to voluntarily relinquish the
child at birth to the genetic parents, rather than terminate the pregnancy.
The five embryos the Savages had cryogenically preserved at
the clinic in Ohio (the Savages are not releasing the name of the clinic) are
still unused and have been moved to another clinic in Atlanta, Georgia. Because Carolyn has been advised by
doctors against future pregnancies, the Savages are reportedly in talks with a
potential gestational surrogate.
The American
Fertility Association (AFA) has issued several statements regarding the
matter:
In 2007, there were 132,262 IVF cycles performed in the
United States (Fresh, Frozen and Donor Egg, per the CDC) in which more than
300,000 embryos were placed into the intended recipients. Embryology
laboratories have extremely rigorous procedures to maximally ensure public
safety and the health of our patients and their children born of IVF.
The Ohio case is rarer than 1 in a million and I speculate
that human error, not malintent, will prove to be the root cause.
In a similar 1999
case in New York, custody was granted to the biological parents and visitation
rights denied to the birth mother. (Perry-Rogers v. Fasano, 276 A.D.2d 67, 715
N.Y.S.2d 19, 2000 N.Y. Slip Op. 09070 (N.Y.A.D. 1 Dept. Oct 26, 2000) (NO.
1605, 1606). There’s a large
secondary literature on Perry-Rogers and related issues and, no doubt, some
Lounge readers have followed the case and surrounding legal issues with
interest. As always, feel free to
leave your thoughts in the comments section.