Fertility Clinic Sued After IVF Mixup Caused Two Couples To Raise The Other Couple’s Child

Alexander and Daphna Cardinale allege that the fertility clinic where they went for in vitro fertilization (IVF) procedures implanted another couple’s embryo into Daphna and transferred their embryo into the other woman. As a result, the couples were unknowingly raising the other couple’s child for four months.

At the time Daphna gave birth, Alexander noticed that the baby was darker in complection than them. “If we hadn’t done IVF, I would’ve just chalked [the lack of resemblance] up to genetics. She just looks how she looks. No big deal. But because we’d done IVF, my brain started going to the dark place.” However, Daphna convinced herself that Alexander was overreacting: “She looked really different than us. But she felt so familiar to me because I carried her and I birthed her. It was this moment of sheer bliss when everybody is getting to know each other and falling in love with each other. She just really folded into our lives and into our hearts.” But others expressed their concerns to them: “she looked like she could actually be a different ethnicity than us because she didn’t really look like us.”

The Cardinales became further concerned when an employee of the fertility clinic contacted them one month after the birth of their child, requesting a photograph of the baby. With the unthinkable fomenting in their minds, they obtained a home DNA test kit one week later. Then, in November 2019, when their child was almost two months old, they received an email stating that their baby was genetically unrelated to them.

Their attorney was advised by the fertility clinic days later that their embryos and the embryos of another couple had been mixed up in the lab and that the other couple had received their embryos and they had received the other couple’s embryos. Shortly after receiving the devastating news, they learned that the other couple had also given birth to a baby girl.

In December 2019, both couples and their babies underwent DNA testing that confimed that they were raising the other couple’s child. The Cardinales received a photograph of their child and learned that she had been named Zoe, which name they subsequently decided to keep: “I found out in that moment that she existed, what she looked like and what her name was. It’s weird learning the name of your child when you didn’t name her.”

Alexander recently stated: “There’s no book for this. There’s no person to give you advice. So we ended up just sort of huddling together, the four of us, and it’s a blessing that we all are on the same page. We’ve spent every holiday together since then. We’ve spent every birthday together since then — and we’ve just kind of blended the families.”


If you or a family member suffered harm as a result of fertility treatments in the United States, you should promptly find a medical malpractice lawyer in your U.S. state who may investigate your fertility malpractice claim for you and represent you or your family member in a fertility medical malpractice case, if appropriate.

Visit our website or call us toll-free in the United States at 800-295-3959 to find medical malpractice attorneys in your state who may assist you.

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This entry was posted on Friday, December 17th, 2021 at 5:22 am. Both comments and pings are currently closed.


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