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PLEASE NOTE: In order to best serve our clients, our office will remain open for business. To protect your safety in response to the threats of COVID-19, we are offering our clients and prospective clients the ability to meet with us in person, via telephone or through video conferencing.

A Connecticut couple has sued a Trumbell fertility clinic and their former doctor for malpractice. In their filing, they accuse the practice of having matched them with someone else’s embryo.

In their lawsuit, which was filed in late 2018, the couple describes how they struggled to conceive naturally before they decided to visit a fertility clinic. In January of 2015, donor eggs were taken and fertilized with the plaintiff’s sperm. Those embryos were then frozen. Their first child was born on April 19, 2016.

When they underwent the in vitro procedure again in September of 2016, they emphasized to their doctor that they intended to use eggs from the same donor. The couple’s second child was born on August 22, 2018.

They immediately noticed a difference in the appearance of their first and second child when they compared the two soon after their births. Their son had a remarkably darker complexion than their older daughter. The pigment of his skin was also significantly darker than the plaintiff and genetic mother of their first child. The plaintiff was ruled out as the biological parent of the second child when paternity tests were performed.

The parents who welcomed this child claim to be happy that their child is healthy and note that he is much loved. In their court filing, they describe how they’re plagued with a constant, debilitating and nagging fear that the child’s biological dad will petition for custody though.

They also noted that their reason behind filing suit against the fertility clinic is to hold them accountable for their actions. They note that the loss of their embryos has caused them significant emotional distress and financial loss. The couple is seeking to have all of the fees they paid for the in vitro procedure reimbursed. The amount that they claim that they’re due hovers around $200,000.

The trial in this matter is scheduled for September 2021.

When doctors make promises to patients, it’s important for them to uphold their end of the bargain. It’s a medical provider’s responsibility to protect the privacy of their patients. It’s also important that they use the highest degree of care and integrity when handling their specimens. A medical malpractice attorney may advise you of your right to hold your New Haven doctor accountable for any impropriety that they’ve engaged in.