A recently filed lawsuit in Florida against Fertility Center of Orlando, IVF Life Inc., IVF Orlando Inc., reproductive endocrinologist Dr. Milton McNichol, and two intended parents identified under pseudonyms alleges negligence, medical malpractice, exploitation of a vulnerable adult, and failure to obtain informed consent in connection with a 2024 surrogate pregnancy.
The Complaint states, in part:
Generally, the standard of care during the IVF PROCESS includes, but is not limited to:
Procurement of eggs and sperm for fertilization and transfer;
Prescribing medication intended for DOE in the surrogate’s name;
Taking sufficient patient histories and to test to reasonably rule out genetic deficiencies in the gametes and embryo;
Pre-transfer surrogacy care and treatment of the surrogate;
Pre-transfer confirmation of psychological fitness for the surrogate to be a surrogate;
Pre-transfer due diligence in ascertaining the psychological fitness of the surrogate to become a surrogate including, but not limited to, asking SMITH and JONES about their knowledge of the surrogate’s mental status;
Pre-transfer confirmation of psychological fitness for the IPs to become parents;
Pre-transfer Genetic Testing (PGT) to ensure within the standard of care the health and viability of any transferred embryo;
Ensuring that the health of the surrogate was of paramount importance during the IVF process.
Transfer of a healthy embryo into the surrogate;
Maintenance of proper and complete medical records;
Such other and further tasks and procedures inherent in Assisted Reproductive Technology (“ART”), which includes the actions stated in this complaint.
McNICHOL and the IVF ENTITIES departed from such accepted by, among other things:
a. Procurement of eggs and sperm for fertilization and transfer without proper histories, due diligence and testing;
Prescribing medication intended for DOE in the intended mother’s name;
Failing to take appropriate and/or sufficient patient histories and to test to reasonably rule out genetic deficiencies in the gametes and embryo;
Failure to obtain appropriate and/or sufficient pre-transfer confirmation of psychological fitness for the surrogate to be a surrogate;
Failing to perform appropriate and/or sufficient pre-transfer due diligence in ascertaining the psychological fitness of the surrogate to become a surrogate including, but not limited to, asking SMITH and JONES about their knowledge of the surrogate’s mental status;
Failing to obtain appropriate and/or sufficient confirmation pre-transfer the psychological fitness of the IPs to become parents;
Failing to perform appropriate and/or sufficient pre-transfer Genetic Testing (PGT) to ensure within the standard of care the health and viability of any transferred embryo;
Failing to ensure that the health of the surrogate was of paramount importance during the IVF process
Failing to maintain sufficient and complete medical records;
Such other and further failures of tasks and procedures inherent in Assisted Reproductive Technology (“ART”), which includes the actions stated in this complaint to be determined.
The child suffered from thanatophoric dysplasia, a severe genetic anomaly that affects the growth and development of a fetus’ bones and lungs. The condition may be de novo, i.e, spontaneously generated, or it may be inherited. Thanatophoric dysplasia is incompatible with life and any child born with this condition either dies in utero or shortly after birth. In this case, the child is believed to have died approximately 10 days after birth. Defendants McNICHOL and the IVF ENTITIES knew of the increased maternal risks and enhanced psychological pressures imposed on a surrogate carrying a fetus with birth defects. This is particularly true of DOE.
On or about October 24, 2024, McNICHOL and the IVF ENTITIES transferred an embryo with thanatophoric dysplasia into DOE. Physical Maternal obstetric risks associated with carrying a child with birth defects pose myriad physical and psychological difficulties to the carrying birth mother.
As a woman with a long history of severe mental illness and particularly documented impulsivity and poor judgment, DOE did not have capacity to consent to the IVF Process because:
a. DOE’s mental illness and documented poor judgment and history of lack of impulse control precluded her from making an informed and intelligent choice about risks and benefits and, as such, deprived her from giving informed
consent to the embryo transfer;
b. She was unaware of and unable to comprehend the psychological pressures that would be placed on her as a surrogate;
c. She could not comprehend or reasonably evaluate the risks inherent in carrying a genetically anomalous child;
d. She could not comprehend the difficulty she would have in parting with the baby after birth;
e. She was unaware of the financial relationship between SMITH and JONES, on one hand, McNICHOL and the IVF entities on the other hand and evaluate whether a conflict of interest existed.
Upon information and belief the mfant died within two weeks of birth as a result of the condition Soon after the death, the baby was, upon information and belief, whisked to Guatemala DOE never saw the baby’s body and continues to believe the baby is still alive.
If you or a loved one have suffered serious harm (or worse) as a result of surrogacy malpractice in Florida or in another U.S. state, you should promptly find a Florida medical malpractice attorney, or a medical malpractice attorney in your state, who may investigate your surrogate malpractice claim for you and represent you or your loved one in a surrogate medical malpractice case, if appropriate.
Click here to visit our website or call us toll-free in the United States at 800-295-3959 to find medical malpractice lawyers in your U.S. state who may assist you.
Turn to us when you don’t know where to turn.
