Fertility Clinic Sued After Sperm Mix-up

A New York Couple is suing a fertility clinic after their daughter is born of a different race.

Nancy and Thomas Andrews of Commack, N.Y. were patients at the New York Services for Reproductive Medicine as they desired to have a child but had issues with getting pregnant on their own.

Thomas sperm was to be used to fertilize Nancy's egg, outside her body. Then once an embryo was created, the egg was put back inside Nancy's womb so she could continue the pregnancy.

This process is known as embryo implantation and is generally a successful way to help those who cannot conceive on their own, have a child.

What happened though was that the husband's sperm was not used. Another man's was used and joined with Nancy's egg made a child that is not biologically Thomas Andrews.

When Nancy gave birth October 19, 2004 to baby Jessica, the couple knew something was not right.

The newborn's skin color was much darker than either parent.

DNA testing was done and it was determined that while Nancy was the mother, paternity results indicated that Thomas's genes did not match up.

The couple has raised their daughter and of course they love her as their own but say that they are reminded every time they look at her that a mix-up at the fertility clinic occurred.

When they went in to seek help in conceiving, they had been told that they could biologically have a child together. With a little help from science the clinic had stated they would do their best to make it happen.

Yes they had a child they love but things didn't turn out as promised.

Nancy and Thomas Andrews are suing The New York Services for Reproductive Medicine for unspecified damages a report released Wednesday states.

The Supreme Court judge has approved the motion to allow them to sue the fertility clinic but has denied them the ability to sue the individual who assisted with making the error, Dr. Martin Keltz.

They will be able to include the practicing physician at the time, Dr. Reginald Puckett who is the owner of the clinic but he won't be charged as an individual.

In his defense, Puckett's lawyer has stated that he did not "examine, communicate with, treat or care for the couple" so he should not be sued as a result.

The fact remains thought that it was his clinic that made the error and someone needs to be held accountable.

An Embryologist (non-physician) Carlo Acosta who assisted in the procedure could also be charged. He is the one who actually combined Ms. Andrews's egg with another man's sperm.

Sources:

Samuel Maull. Lawsuit: "Clinic used wrong Sperm" Newsday.com

http://www.newsday.com/news/nationworld/wire/sns-ap-fertility-lawsuit,0,1718312.story?coll=sns-ap-nationworld-headlines