A couple from Southern California, Mr. and Mrs. Diaz, have filed a lawsuit against a fertility clinic, Huntington Reproductive Center Medical Group, more commonly known as HRC Fertility. They accuse the clinic of fraudulent concealment, alleging they mistakenly transferred an embryo with a rare stomach cancer gene and subsequently falsified patient records to conceal the error.
The lawsuit argues that due to this alleged error, their young son is now potentially at risk for stomach cancer or may need stomach surgery to prevent the disease. The legal action was initiated on Wednesday in the Los Angeles Superior Court. In addition to the fertility clinic, the couple’s doctor and the IVF coordinator are listed as defendants.
Mrs. Diaz is a carrier of the BRCA1 gene mutation, which heightens her risk for breast and ovarian cancer. Her husband carries a rare mutation that made him prone to stomach cancer, a disease he developed at the age of 32. Following his stomach removal surgery and chemotherapy, the couple, determined to have children, opted for in vitro fertilization (IVF) and genetic testing for their embryos, aiming to prevent passing on these mutations.
According to the lawsuit, the couple’s first attempt at embryo transfer in August 2020, which was devoid of both genetic mutations, resulted in a miscarriage. However, they were undeterred. Understanding that one of their male embryos carried only the BRCA1 gene, which poses less risk for males, they chose to proceed with a second embryo transfer. This resulted in the successful birth of a boy, who is currently one year old.
In the following summer, while considering having another child, Mrs. Diaz requested her embryo report from HRC Fertility. She claims she was surprised to find handwritten notes suggesting that the embryo transferred, which resulted in the birth of their son, carried the stomach cancer mutation.
The lawsuit describes an incident where someone from the clinic contacted her, “admitted that HRC had made a serious mistake,” and invited the couple to a meeting at the clinic.
Mrs. Diaz later requested her complete medical records. The lawsuit alleges that HRC Fertility, in recognizing its error, attempted to suppress the truth by providing her with an altered version of her records, omitting key information about the transferred embryo.
The lawsuit presents two versions of the embryo records as evidence, further alleging that “HRC attempted to hide the truth.”
The Diaz couple is accusing the clinic of fraudulent concealment and a violation of California’s Unfair Competition Law. Concurrently, they are also pursuing a separate arbitration process regarding the incorrect embryo transfer.
“We trusted them to help us have a healthy baby,” said Mrs. Diaz in a news conference.
The Diaz’s son “will develop stomach cancer, require a total stomach-removal surgery, or both,” the court filing asserts.
“Because of their error, our greatest fear has become our reality,” said Mr. Diaz in the news conference. “I know the pain of this cancer personally. And I know through watching other family members suffer and eventually die from it. I wouldn’t want anyone on Earth to experience this type of pain and now I will be forced to watch my own son – my own flesh and blood – go through this.”
Responding to the situation, HRC said in a statement, “We deeply empathize with this family’s situation. However, the patients associated with the case sought genetic testing and genetic counseling outside of HRC Fertility, and with an outside party; they wished to have a male embryo transferred, which we carried out according to the family’s explicit wishes and in accordance with the highest level of care.”
The statement further highlighted, “We also stand by the professionalism and expertise of our medical staff and pride ourselves on adhering to the highest standards for patient care, patient records, results, and testing at all our locations.”
If you or a loved one have faced a similar ordeal involving fertility clinic negligence or misconduct, it’s crucial that you seek legal assistance as soon as possible. At Parker Waichman LLP, we have a team of dedicated attorneys with a proven track record in handling complex medical cases, including those that involve fertility clinics.
You are not alone in this fight. Let us help you hold these clinics accountable for their actions and pursue the justice and compensation you rightfully deserve. Your trust was broken, and your life was forever changed. Now it’s time to stand up and make your voice heard.
Please do not hesitate to contact us. Call our toll-free national hotline at 1-800-YOUR-LAWYER (1-800-968-7529) to receive a free, confidential consultation.
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