In medical malpractice lawsuits involving reproductive care and genetic testing, plaintiffs must plead their claims with particularity. If they fail to articulate what standard of care applies and how a provider’s conduct violated it, the courts may dismiss the case at the pleading stage. This was demonstrated in a recent medical malpractice case in which claims brought after an erroneous embryo transfer were dismissed for failure to plausibly allege negligence. If you experienced harm due to a provider’s deviation from accepted reproductive care standards, it is critical to seek guidance from a Baltimore medical malpractice attorney to understand your legal rights.
Factual Background and Allegations
It is reported that the plaintiffs sought in vitro fertilization (IVF) services in order to have a child free of Duchenne Muscular Dystrophy (DMD), a serious genetic disorder that had affected their other children. The plaintiffs pursued IVF in conjunction with preimplantation genetic diagnostics, aiming to ensure that only embryos unaffected by DMD would be implanted. Although several embryos were tested and deemed healthy, others were identified as genetically compromised.
Allegedly, during a June 2020 embryo transfer, a DMD-affected embryo was mistakenly transferred to the plaintiff, resulting in a pregnancy that was ultimately terminated after the error was discovered. The plaintiffs later filed a lawsuit asserting claims of negligence, gross negligence, and breach of contract. Continue Reading ›