Couple sue IVF clinic for mix-up
American couple Alex Walterspiel and Melanie Waters are suing a fertility clinic in Santa Monica.The married couple in their 30s, conceived their three-year-old son artificially and had the remaining embryos frozen in the hope they would get pregnant again.
Embryos lost
But when they returned to the Santa Monica clinic this year they were told the embryos had been lost.
Implanted in another woman
Los Angeles court papers from a suit filed by the couple suggest the three remaining embryos are 'most likely' to have been mistakenly implanted into another woman's womb. 'They are torn apart by this,' the couple's lawyer, Andrew Vorzimer, told ABC News. 'It's the worst possible nightmare for parents on both sides.'
Court action
The couple has filed a lawsuit against their IVF specialist Dr John Jain, the president of the Santa Monica Fertility clinic, seeking damages of $500,000, plus money to cover the cost of trying for another child and punitive damages for fraud, professional negligence, breach of contract and emotional distress.
Mr Vorzimer added: 'Where the genetic parents are, we have no idea. 'Part of the litigation is to go back and try to trace where these embryos went. Ultimately, it may require every patient who has undergone an IVF cycle with John Jain to have genetic testing of the babies.'
Clinic surprised
Speaking to ABC News, the doctor said: 'It was a bit of a surprise for us and we are trying to figure out what's going on. 'It just came to our attention this morning. Things normally turn out that things are not what they appear to be.'
Statement changed
The couple were told by Dr Jain that the embryos had been destroyed accidentally'. 'The straws that contained them broke at the bottom of the cryotank,' Mr Vorzimer said. 'When they asked to see evidence of that, Dr Jain changed his statement, and said he could not find the straws that contained the three embryos.'
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