The California Center for Reproductive Health (CCRH) is being sued by one patient for medical malpractice, breach of contract, and fraud. Another patient is likely to file their own lawsuits in the coming weeks. The origin of the conflict warrants discussion.
If you monitor medical news outlets, you’re likely familiar with this story already; if you’ve missed it, we’ll fill you in.
The California Center for Reproductive Health treated Daphna Cardinale and her husband, Alexander, in 2019. Daphna delivered a healthy baby girl later that year. Great news. But the patient was disturbed when her baby did not resemble her or her husband. The differences in their physical appearance were so stark, it warranted investigation. A DNA test followed, revealing no genetic relationship between the Cardinales and their “child.” Hmm.
The lawsuit alleges the clinic placed the wrong embryo in the wrong woman. Or more precisely, it alleges the clinic placed the wrong embryos in the wrong women. Cardinale delivered another woman’s child and vice versa.
Some facts to consider. While neither mother carried the child she intended to carry, both children were born healthy. The deliveries were otherwise uneventful. And the ensuing “swap” returned both children to their biological parents a few months after they were born. But the alleged mistake jeopardized each couple’s opportunity to bond with their biological children in the weeks following their birth. It’s not hard to see why the parents are so upset.
Daphna Cardinale summarized her feelings at a recent press conference…
“I was overwhelmed by feelings of fear, betrayal, anger and heartbreak. I was robbed of the ability to carry my own child. I never had the opportunity to grow and bond with her during pregnancy, to feel her kick.”
Her husband was likewise disturbed.
“The moment our daughter was born should have been among the happiest of my life. But I immediately felt shaken and confused as to why I didn’t recognize her. When the truth came to light, it made exchanging the children all the more heartbreaking. Losing the birth child you know, for the genetic child that you don’t know yet, a truly impossible nightmare.”
The mix-up smells like a lab accident. There is a precedent for this sort of thing – a similar case occurred in 1999, approximately 20 years before the case described in this piece.
The Cardinales represent but one half of this coin. What about the other family? They remain anonymous. But entities representing the family confirmed they are filing similar lawsuits of their own.
This case is already a trainwreck. One can imagine how much worse it could have been if the children or the women who carried them experienced complications during their pregnancies or deliveries. For what it’s worth, both families seem determined to remain in touch as the children grow. Future family reunions promise to be interesting. They say, “the more the merrier.”
What do you think? Let us know your thoughts in the comments below.
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“We were robbed!” The lawyers have convinced almost everybody to”go for ju$tice” or at least to not give it a second thought when someone else is doing a cash-grab in court. This is a happy story, not a tragedy. I am glad to have MANY protection strategies in place to make life and business better. If this clinic had a Medical Justice arbitration agreement in place, then this case would get settled privately, timely and fairly.
Big mistake. Happy ending. No damages. Parents need a reality check.
What is the legal issues involved with the switch? Would they need to adopt the other child?
Anyone think of the long-term implications?