By Caroline Newsome
In recent years, in vitro fertilization (IVF) has provided hope to countless women and couples striving to build families. However, a series of distressing incidents have highlighted significant vulnerabilities within the industry, primarily stemming from human errors and a lack of legal regulation.
One of the most alarming types of errors in IVF treatments involves embryo mix-ups, where embryos are mistakenly implanted into the wrong patients. A notable case in Georgia underscores this grave issue. Krystena Murray, a single woman from Savannah, underwent IVF treatment with the hope of becoming a mother. In December 2023, she gave birth to a baby who did not resemble either the chosen sperm donor or herself. Subsequent DNA testing revealed that the embryo implanted in her belonged to another couple. Despite forming a bond with the child, Murray faced the agonizing decision to relinquish custody to the biological parents after several months. She has since filed a lawsuit against the clinic, Coastal Fertility Specialists, seeking accountability for the profound emotional distress caused by the error.
This is not an isolated incident. Similar cases have surfaced across the country, where parents unknowingly gave birth to children who were not biologically theirs, forcing painful legal battles and emotional turmoil.
Laboratory errors have also led to the loss of viable embryos, devastating hopeful parents. In California, Ovation Fertility’s Newport Beach clinic faced multiple lawsuits alleging that embryos were compromised due to improper laboratory practices. Specifically, that an incubator was cleaned with an unsafe amount of hydrogen peroxide, rendering the embryos nonviable. Unaware of the damage, the clinic proceeded to transfer these compromised embryos into patients, resulting in failed pregnancies and deep emotional trauma for the affected individuals.
Additionally, other fertility clinics have reported catastrophic failures due to power outages, improper storage, or mislabeling of embryos, leading to irreversible losses for families who have invested years of emotional and financial resources into IVF treatments.
Unlike many industrialized nations that have established comprehensive regulations for fertility treatments, the United States operates with a fragmented oversight system. Due to the United States’ lack of legal regulation, this has led to inconsistencies in safety protocols and patient protections. The lack of uniform standards means that while some clinics adhere to rigorous procedures, others may not, increasing the risk of errors. The absence of mandatory reporting for mistakes further exacerbates the problem, making it challenging to assess the true scope of errors within the industry.
Furthermore, many fertility clinics are privately owned and operate with minimal government oversight. The U.S. Food and Drug Administration (FDA) regulates certain aspects of assisted reproductive technology (ART), such as the screening of donor sperm and eggs for infectious diseases, but there is no centralized agency responsible for monitoring clinic procedures, error reporting, or patient safety. This lack of accountability allows mistakes to go unreported and, in some cases, uncorrected.
The recurring nature of these tragic incidents underscores the urgent need for comprehensive reforms in the fertility industry. Implementing standardized protocols, mandatory reporting of errors, and regular audits can enhance patient safety and trust. Moreover, establishing clear legal avenues for affected individuals to seek redress is crucial. Prospective parents deserve assurance that the clinics entrusted with their dreams operate under stringent guidelines designed to minimize risks.
If you or someone you know has been affected by errors in fertility treatments, it is imperative to seek legal counsel to explore available options. Holding clinics accountable not only provides justice for those harmed but also serves as a catalyst for industry-wide improvements, ensuring that such heartbreaking mistakes become a rarity.
Fertility clinics must be held accountable when errors occur. If you have experienced an IVF mistake—whether it be an embryo mix-up, the wrongful destruction of embryos, or medical negligence—contact us. I am here to help you explore your legal options and seek justice. Together, we can fight to ensure that the fertility industry upholds the highest standards of care and responsibility.
CITATIONS
- CBS News. (2024, February 19). Coastal Fertility lawsuit: Krystena Murray files case after IVF embryo mix-up. Retrieved from https://www.cbsnews.com/news/coastal-fertility-lawsuit-krystena-murray-ivf/
- Los Angeles Times. (2024, April 23). Lawsuit filed against Newport Beach fertility clinic over embryo mishandling. Retrieved from https://www.latimes.com/california/story/2024-04-23/lawsuit-filed-against-newport-beach-fertility-clinic
- The Guardian. (2024, February 19). Woman sues IVF clinic after giving birth to someone else’s baby. Retrieved from https://www.theguardian.com/us-news/2025/feb/19/woman-ivf-switch
- Parents.com. (2024). Why IVF errors happen and how to protect yourself. Retrieved from https://www.parents.com/why-ivf-errors-happen-and-how-to-protect-yourself-11685955