Couple says they gave birth to wrong child in IVF mix-up. Now California family sues
A California couple says they gave birth to the wrong child after their embryos were switched during an in vitro fertilization treatment in 2019.
Now they are suing the fertility clinic.
Daphna and Alexander Cardinale began IVF treatment with the California Center for Reproductive Health in the summer of 2018 — a procedure during which eggs are fertilized by sperm in a lab before being implanted in a woman’s uterus.
The Cardinales successfully became pregnant and had what they thought was their biological daughter in 2019, the lawsuit states.
But the baby’s appearance made them think otherwise. The child had “jet-black hair” and “darker skin,” physical traits neither parent expected, the lawsuit states.
Dr. Eliran Mor, who worked with the pair from California Center for Reproductive Health, did not immediately respond to McClatchy News’ request for comment on Nov. 8.
Several weeks after the child’s birth, the parents bought an at-home DNA test. The results concluded the parents and baby were not related, the lawsuit says.
“I had no idea at the time that this greatest potential for joy would bring us such enduring pain and trauma,” Daphna said during a news conference on Monday, Nov. 8.
After discovering the error, Daphna and her husband had an attorney reach out to the fertility clinic and confirm the embryos had been mixed-up while at In VitroTech, an embryology lab, the lawsuit states.
The center then found a couple who they said they believed had Daphna and Alexander’s child. And a DNA test confirmed they did.
Under the lawsuit, Daphna and Alexander Cardinale’s attorney states the switch-up happened when Mor “outsourced” their embryo to In VitroTech.
The lab is owned by Mor.
Daphna and Alexander Cardinale are suing the center, the lab and the lab’s parent company, Beverly Sunset Surgical Associates, LLC.
They are suing for breach of contract, medical malpractice, negligence, conversion, fraudulent concealment, violation of unfair competition law, negligent infliction of emotional distress, battery, violation of California penal code 376g and breach of implied covenant of good faith and fair dealing.
Adam B. Wolf, the couple’s attorney, said during the news conference that the other family plans to sue the businesses, too, but will remain anonymous.
Families reunite with the correct child
Eventually, the families permanently switched the children after meeting a few times, the lawsuit says.
But both families were devastated and had spent months bonding with the wrong baby.
“Instead of breastfeeding my own child, I breastfed and bonded with a child I was later forced to give away,” Daphna said.
The families decided to remain in contact with each other and celebrate holidays together, Daphna said.
This story was originally published November 8, 2021 at 2:00 PM with the headline "Couple says they gave birth to wrong child in IVF mix-up. Now California family sues."
