Couple Sues Fertility Clinic After Baby Was Born With A Disability

Would you sue if your child was born with a disability that stems from the egg donor's DNA?

Some couples spend years trying to have a baby without success. Often, when they’ve exhausted all other options, they turn to fertility clinics for help.

But fertility clinics can be extremely expensive. In fact, a quick glance around the internet shows the average cost of IVF is $12,00 but can be as much as $15,000. So you want your money’s worth, right? But does that involve a baby with a clean bill of health or are some issues and disabilities too difficult to screen? That’s the question a New York City judge is going to be forced to answer.

As Kathianne Boniello reports for the NY Post, an Upper East Side couple is suing a fertility clinic because their baby was born with developmental disabilities.

Marie and James Dennehy claim their child was born with a devastating genetic disorder after a Madison Avenue facility failed to properly screen their egg donor. The Dennehys are suing suing Dr. Alan Copperman at Reproductive Medicine Associates for $500,000. As Boniello reports, neither side is commenting about the case.

This isn’t the first time a couple has sued a fertility clinic. In fact, it happens all the time. In 2007 a couple famously sued a Park Avenue fertility clinic . Thomas and Nancy Andrews claimed the clinic used another man’s sperm to inseminate Nancy Andrews’ eggs. A black baby was subsequently born to the Hispanic mother and white father. Three DNA tests confirmed that Thomas Andrews was not the baby’s biological father.

There have been other embryo mix-ups and couples have also sued clinics for mistakenly destroying embryos they wanted saved. But this lawsuit is, to my knowledge, the first one filed because of a birth defect or disability.

What are your thoughts? Of course clinics should be held responsible for mix-ups, but what about a disability? Should a clinic be held responsible for any genetic disorders in egg and sperm donors?  Would you sue?

Article Posted 5 years Ago

Videos You May Like