Hersh & Hersh Settles Landmark Embryo Mix-up Case for One Million Dollars

August 4, 2004

Hersh & Hersh settled its suit against Fertility Medical Associates of the Bay Area, a fertility clinic that implanted an embryo belonging to another couple during Jane Doe's in vitro fertilization procedure in June 2000.

The suit alleged that the clinic scientist and the doctor knew before Jane Doe left their offices on the day of the implantation that they had implanted the wrong embryo in her. But the clinic did not inform Ms. Doe and the couple of the mix-up until a year and a half later, and then only after the California Medical Board began investigating the switch.

According to Nancy Hersh, "they were keeping the information secret and never intended to tell. The only reason they did is because the medical board was nosing around. That's very bad. Aren't they morally and ethically obligated to tell?"

Selected Newspaper Articles:

• "Woman Settles Embryo Mix-Up Suit." Associated Press, 8/4/04
• "Embryo mix-up at S.F. clinic prompts lawsuits." Contra Costa Times, 8/4/02
• "Suit filed over mix-up of embryos at S.F. clinic." San Jose Mercury News, 8/2/02

Selected Television and Radio Coverage:

• CBS Early Show, National, 8/23/02
• KCTV5 News at 4:30 & 6, KCTV-TV CH 5 (CBS) Kansas City, 8/23/02
• CBS 4 News at 5:00, WFOR-TV CH 4 (CBS) Miami/Ft. Lauderdale, 8/23/02
• CNN Live Today, National, 8/08/02
• Connie Chung Tonight, CNN National, 8/07/02
• Barbara Simpson Show, KGO-AM 810 Radio San Francisco, 8/03/02
• Channel 5 Eyewitness News, KPIX-TV 5 (CBS) San Francisco, 8/2/02
• NBC2 News at 5, KNTV-TV CH 11 (NBC) San Jose, 8/2/02