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US couple are compensated for IVF mix-up

20 September 2004
By BioNews
Appeared in BioNews 276

A black American couple have succeeded in gaining compensation from an infertility clinic after their IVF (in vitro fertilisation) embryo was mistakenly implanted into another woman. The clinic has agreed to pay an undisclosed sum to the couple, whose treatment took place in 1998, in return for their agreement not to proceed with a multi-million dollar malpractice claim.

Robert Rogers and his wife Deborah Perry Rogers went to the New York fertility clinic when they had difficulty conceiving. Somehow, during the IVF procedure, a mistake occurred and Dr Michael Obasaju transferred one of their embryos to Donna Fasano, a white woman undergoing treatment with her husband on the same day. While Mrs Perry Rogers did not become pregnant, Donna Fasano later gave birth to two boys, one white and one black. One was her own biological son and the other was the Rogers' biological son.

Originally, Mrs Fasano refused to give up the Rogers' child, despite threatened legal action. But after considering Mrs Perry Rogers' 'years of childlessness', Mrs Fasano agreed to hand the child over - but only if she was granted visitation rights. Mr and Mrs Rogers agreed that they would have full custody on the condition that Mrs Fasano would be able to visit him. Later, when they re-registered the birth of the boy as their own, Mr and Mrs Rogers successfully counter-sued to cancel Mrs Fasano's visitation rights. Mr and Mrs Fasano also sued the fertility clinic and were eventually awarded an undisclosed sum in compensation earlier this year.

Rudolph Silas, the lawyer representing Mr and Mrs Rogers, said that the couple and the clinic 'reached an accommodation', adding 'now they can move on with their lives without this hanging over their heads'. 'I think it is for the best of all of you that this has been resolved', said Justice Eileen Bransten, who supervised the negotiations.

Black NJ couple settles suit against doctor who gave their embryo to white Staten Island woman |  13 September 2004
Couple settles lawsuit over embryo mix-up
Yahoo Daily News |  13 September 2004
N.J. Couple Whose Embryo Was Mistakenly Implanted in Another Woman Settles Lawsuit Against NYC Fertility Clinic
Kaiser Network |  15 September 2004
11 April 2022 - by Ruth Retassie 
A Massachusetts woman decided to terminate her pregnancy conceived via IVF last year after discovering the embryo transferred was not one genetically related to her...
15 June 2009 - by Ailsa Stevens 
An embryo belonging to a couple being treated at a Cardiff fertility clinic was accidentally implanted into the wrong woman and subsequently destroyed. The prospects of Deborah, who is 40, having another child with her partner Paul, 38, are slim and both are said to be devastated that their last hope of conceiving a sibling for their six-year-old son has been lost....
31 May 2006 - by Dr Kirsty Horsey 
A British couple have spoken to the press about the 'nightmare' they have gone through since a mistake was made during treatment they received at a Leeds fertility clinic six years ago. This is the first time the couple have spoken publicly about their situation, despite...
8 September 2004 - by BioNews 
An Italian newspaper has reported that a hospital in Turin, Italy, gave two women undergoing fertility treatment the morning-after pill half an hour after artificial insemination took place, following a suspected sperm mix-up. One of the couples involved noticed that the sperm sample being used had the wrong man's name...
24 June 2004 - by BioNews 
The UK's Department of Health has published a report of its inquiry into the circumstances surrounding a number of IVF mix-ups, one of which led to mixed-race twins being born to a white couple. Sir Liam Donaldson, the Chief Medical Officer, commissioned Professor Brian Toft, in July 2002, to investigate...
3 March 2003 - by BioNews 
A senior High Court judge has ruled that a black man is the legal father of mixed-race twins born to a white couple after a the wrong man's sperm was accidentally used in IVF treatment. Last year, genetic tests established that the white woman who gave birth to the twins...
5 April 1999 - by Juliet Tizzard 
This week's BioNews includes the story of a New York woman, Donna Fasano, who was implanted not only with her own embryos, but also those of another woman. The result was a twin pregnancy - one twin being the genetic child of Mrs Fasano and the other child being the genetic...
5 April 1999 - by BioNews 
A mother who gave birth to another woman's child after a mix-up at a New York fertility clinic has decided to hand the baby back to its biological parents. IVF mother Donna Fasano, 37, gave birth three months ago to twin boys - one white and one black - after her fertility...
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