After IVF nightmare errors, patients have few legal protections

IVF isn’t governed by the same regulations that hold other medical practitioners accountable for errors or safety violations, several legal experts said.

Krystena Murray realized something had gone awry in her in-vitro fertilization process immediately after giving birth: She is white, as was her chosen sperm donor, who had dirty blond hair and blue eyes. But her baby was dark-skinned.

“He was beautiful and perfect, but it was also very clear that something was wrong,” she said. “I hoped that it was just a sperm mix up.”

The IVF process had been grueling. Murray, now 38, had endured multiple daily injections, frequent blood draws, bouts of nausea and exhaustion, a first embryo transfer that didn’t take, and, finally, pregnancy and labor.

Then a DNA test revealed that the Georgia fertility clinic Murray had used had implanted a different couple’s embryo in her uterus. After raising the baby for five months, Murray, heartbroken, handed him over to his biological parents.

“We all met in court, and the decision was made,” she said. “I walked in a mom with a child and a baby who loved me and was mine and was attached to me, and I walked out of the building with an empty stroller. And they left with my son.”

https://www.nbcnews.com/health/womens-health/ivf-errors-legal-protections-nightmare-mistakes-lawsuits-rcna194215


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