Local IVF lawsuit brings process questions into the spotlight
(WCIV) — A mother’s worst nightmare came true when she gave birth to another person’s baby, after receiving IVF treatment at a Lowcountry based fertility clinic. The mother has now filed a suit against Coastal Fertility Specialists claiming they transferred the wrong embryo to her.
According to the CDC, a 2018 study said assisted reproductive technology, including IVF, contributed to 2% of all infants born in the United States. While IVF is a popular procedure for those who need to get pregnant through non-typical means, it can be a long process, and expensive for most families, but also very successful under the right circumstances.
“It’s important to do your research,” says Kristen Hermiz, a lawyer with Motley Rice.
Hermiz says that IVF treatments are often complicated to maneuver, so it is important that the family asks the right questions.
“Make sure they have accredited doctors. There’s no guidance that requires specific certification. So you wanna look for doctors that are board certified in endocrinology, fertility and different specialties,” she said.
Hermiz’s specialties in this topic span beyond being a lawyer, she also has her own IVF story.
“I think that the emotional toll, certainly for me, was harder than any of the physical aspects of IVF. There is the financial burden. These procedures cost a lot of money and more often than not, are not covered. A lot of times women going forward with IVF have one shot and this is their only shot,” adds Hermiz.
According to the American Society of Reproductive Medicine, the average cost of one cycle of IVF is about 15 thousand dollars. Many patients need multiple cycles before a successful pregnancy is achieved.
Additionally she says the treatments are far from easy.
“You have to take injections, you have to have a lot of ultrasounds and invasive medical procedures to make sure things are going as they’re supposed to go. Even sometimes when you’re doing everything right, procedures still fail. A lot of times it takes years or months, or some people don’t have any success.”
uesday, President Trump signed an executive order aimed at finding ways to reduce costs of IVF treatment, but there is still relative confusion when it comes to what is and isn’t on the books.
“IVF is in the scheme of medical procedures relatively new. There aren’t very many regulations overseeing IVF. We’re always watching those regulations to see how it affects patients within our own state, and also throughout the country,” said Hermiz.
In the end, if patients feel like something isn’t right regarding their treatment, the best advice Hermiz says she can give is to “trust your gut.”
“There are medical rights and then there are legal rights. Laws affect both. There will always be rights to pursue a lawsuit if something has been wrong, whether it’s a manufacturer defect or a clinic is negligent in some way which affects your embryos or your family planning process,” she said.
Tags: South Carolina
