In another state, two couples filed claims against the fertility clinic they used to get pregnant. Both claim that the eggs that were implanted were not free of genetic defects, and their children were born with Fragile X mutation as a result. They are seeking an undisclosed amount in damages. Louisiana residents who are in the same shoes as these couples may also be able to file birth injury claims in order to seek compensation for their losses.
According to a recent national news report, the couples filed medical malpractice claims against the clinic and the physician in charge for failing to provide eggs free of genetic defects. They were promised that the eggs would be tested for such defects before implantation, but this is a promise that was not kept. Their legal claims were filed two years after the birth of their children, as this is when the injuries became apparent. The lawyers for the clinic argued that the statute of limitations on the case had run out. A lower court agreed with this argument, so their cases were initially thrown out.
An appellate court recently heard the case and decided that the couples could continue fighting for compensation, even though their claims were filed after the official statute of limitations for medical malpractice had expired. It was said that the circumstances surrounding this case were unique, so the statute of limitations could be extended. The couples plan to continue seeking compensation. It is unclear if this case will go back to court or if an out-of-court settlement is possible.
Parents in Louisiana and elsewhere who spend thousands upon thousands using fertility clinics to get pregnant count on their doctors to be honest and upfront. If this does not happen, and a preventable birth injury occurs, the parents may take legal action — just as these couples did. If litigation proves successful, a monetary judgment may be awarded in a sum that will allow parents to take care of their injured child’s needs for the rest of his or her life.
Source: U.S. News & World Report, “Couples Win Lawsuit Over Donated Eggs With Genetic Defect“, David Klepper, Dec. 14, 2017