L.A. couple, given the wrong baby, settle lawsuit with fertility clinic – NBC Los Angeles
A Los Angeles woman and her husband have ‘in principle’ settled a lawsuit they filed against a fertility clinic in which they alleged she gave birth to the wrong child in 2019 after doctors implanted her with the embryo from a stranger during in vitro fertilization treatment.
Attorneys for plaintiffs Daphna and Alexander Cardinale filed court documents Tuesday with Los Angeles Superior Court Judge Stephanie M. Bowick, saying the case against the California Center for Reproductive Health in West Hollywood and Dr. Eliran Mor had been resolved.
“The parties are pleased to announce that they have reached an agreement in principle to settle this matter,” plaintiffs’ attorneys said in their court documents while asking that all future court dates be canceled.
Court documents did not disclose prospective settlement terms. In their court documents, attorneys for the defendants disputed the plaintiffs’ claims.
There is no credible allegation that Dr. More knew that the embryo he transferred to Daphna Cardinale had been mislabeled or mixed and was not his embryo,” defense attorneys said in their submissions. court documents.
In the lawsuit filed on November 8, the couple argued that the center and Mor “lost or deliberately, recklessly, negligently and/or knowingly decided” to donate the couple’s embryos to another couple, “while implanting the wrong embryo to Daphna”.
According to the suit, when the Cardinals first saw their healthy newborn daughter in September 2019, one of the first things they noticed was
that unlike the rest of their family, the baby had a much darker complexion and jet black hair.
“Genetic testing revealed that the baby that Alexander and Daphna gave birth to and raised for months was not genetically related to them,” according to the couple’s lawyers. “Their baby was the biological child of complete strangers.”
The couples finally switched babies, the suit says.
The lawsuit named as defendants CCRH, Beverly Sunset Surgical Associates LLC, In VitroTech Labs Inc. and Mor, Medical Director of CCRH.
Unknown to the Cardinales at the time, Mor was also the owner of In VitroTech Labs “and engaged in personal dealings from company to company,” according to the lawsuit.
IVF is a procedure in which eggs are fertilized by sperm in a laboratory before being implanted in a woman’s uterus.
“Going through IVF is a very physically and emotionally painful process, involving injections, hormone treatments, blood tests, countless office visits and even surgery,” Daphna Cardinale said in a statement released on last fall by the family attorney.
“We came into this with incredible vulnerability and trust in our doctor and in the process. We had no idea at the time that this greater potential for joy would bring us such lasting pain and trauma. After finding out the truth about what happened to our family I was overwhelmed with fear, betrayal, anger and grief It was the torture that shook me to my core and changed forever that I am.
According to the suit, the other couple also carried to term and gave birth to a baby girl — the Cardinales’ biological child — and raised her for months before the mistakes were discovered and proven.
As a result of the mistakes, the Cardinales didn’t even know of their biological daughter’s existence until she was 3 months old, the plaintiffs alleged.
“Another month has passed before they bring her home permanently,” the couple’s lawyers said. “In the meantime, they have been forced to abandon forever the daughter Daphna carried to term and with whom their entire family had bonded irrevocably. The long-term consequences of this baby swap continue to haunt all their family.”
“The Cardinales’ pain and fear have not diminished with their reunion with their daughter,” according to their lawyers, who alleged that the couple and their eldest daughter had suffered “life-altering emotional damage requiring treatment from ongoing mental health” and serious physical health problems.
The couple met in 2002 and married in June 2006. They also have another daughter who was born in April 2014 after being conceived naturally,
the suit declares.