November 28, 2022

Australians launch class action suit against IVF clinic over faulty embryo test

They are seeking compensation for economic loss and pain and suffering

More than 100 – and potentially 1,000 — patients of Monash IVF, a major Australian fertility company, have launched a class action suit. They claim that potentially viable embryos were destroyed because a pre-implantation genetic test was faulty.

Lawyers contend that the non-invasive preimplantation genetic test is now known to be significantly less reliable than first thought. Their clients are seeking compensation for economic loss as well as pain and suffering. Some of the women and couples believe that they may never be able to have children.

The non-invasive test was rolled out in Monash IVF clinics in May 2019. However, it appears that it returned false positives, indicating that some embryos were defective when they were not. The test has been withdrawn. The company says that it will “vigorously” contest the lawsuit.

“IVF is such a long and difficult road. The emotional impact of going through treatment is hard enough alone and then to have something like this happen has just compounded everything that we were already dealing with,” 43-year-old Danielle Bopping told The Australian.

“Every week and month counts when you're in your 40s,” one of the lawyers explained. “Some people fear that they've lost their last chance to produce their own genetically-related children.”

Michael Cook is editor of BioEdge

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