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Couple Sues Fertility Clinic Over IVF Mixup

Date09 Jul 2019

Couple Sues Fertility Clinic Over IVF Mixup

An Asian-American couple from Queens has filed a lawsuit against CHA Fertility Center in Los Angeles after the wife gave birth to someone else’s babies.

The couple, identified as Y.Z. and A.P., had trouble getting pregnant for a while and turned to the CHA Fertility Center for help. The New York coupled made their way out to Los Angeles in January 2018 to meet with Dr. Joshua Berger and co-owner Simon Hong. They underwent a months-long regimen of vitamins, medicines, procedures and tests that yielded eight embryos.

In July 2018, the doctor attempted to implant an embryo into A.P., but it didn’t work. Just a month later, they tried again and the doctor thawed two of the couple’s female embryos. A.P. found out she was pregnant that September.

Although the couple was overjoyed to find out that they were pregnant with twins, but the sonograms showed that something wasn’t right. The ultrasound technicians told A.P. that she was pregnant with twin boys. That left the couple confused, so they contacted the CHA Fertility Clinic.

However, Berger and Hong assured the couple that the sonograms could have been wrong and that they were definitely having girls.

On March 20, 2019, A.P. went to a New York hospital and gave birth the following day. The babies were both boys and didn’t share the parents’ Asian ethnicity, according to the lawsuit.

CHA personnel flew to New York to conduct genetic tests that confirmed that the babies weren’t genetically related to the couple.

“The testing also confirmed that the two male babies were not genetically related to each other,” the couple said.

The couple had to give custody of the infants to their biological parents. They are heartbroken over the entire ordeal and said they have “permanent emotional injuries from which they will not recover.”

They don’t know what happened to the two female embryos that were supposed to be implanted into A.P.’s uterus.


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