A couple from Queens, New York, is suing a fertility clinic after a woman gave birth to another couple’s babies due to confusion during the in vitro fertilization procedure.
According to the federal lawsuit filed in a US District Court, the couple was forced to return the newborn babies. The mistake was made by CHA Fertility in Los Angeles, California.
The couple, identified as Y.Z. and A.P. in court documents and living in Flushing, they spent more than $ 100,000 on the procedure with which they expected to have two twins.
Both asked to maintain their identity under anonymity because they believe that revealing who they are could cause more mental anguish and pain, according to court documents.
After trying to conceive a child for several years, both naturally and with medical assistance, the two traveled to California to the CHA Fertility Center with the hope of becoming parents.
In January 2018, the couple met with Dr. Joshua Berger and co-owner Simon Hong to perform the procedure and in September, the couple became excited after learning that the female embryos had been planted successfully and were waiting for twins. However, their joy was short lived when the ultrasound revealed that, instead, they had twins and not twins.
The woman gave birth on March 31, 2019 but, she and her husband were surprised to see that they were, in fact, children and that they did not seem to be of Asian descent like them.
According to the lawsuit, the DNA tests showed each child had a genetic match with a different partner who was also a client at the fertility clinic.
The court documents say that the doctors transferred the wrong embryos to the woman, and that she became an involuntary substitute for other couples.
According to the complaint, the plaintiffs had to relinquish custody of baby A and baby B, so they suffered the loss of two children. “The plaintiffs have suffered significant and permanent emotional injuries for which they will not recover.”
The couple says they do not know what happened to their own embryos.