Legal Woes for New Orleans In Vitro Clinic

Parents Worry that Due to Mix Up, Families Went Home with the Wrong Children

(CBS)  In New Orleans, Ochsner Hospital's admitted mishandling of frozen embryos could be costly to more than its reputation. Lawyers are circling, for as many as 100 affected patients, reports CBS News correspondent Mark Strassmann.

"My clients have struggled with this travesty for the last year," said Melanie Lagarde, an attorney for Kim and Abraham Whitney.

They say Ochsner admits losing four of their frozen embryos.

"They want to know what happened to these embryos," Lagarde said.

Ochsner admits some embryos frozen for later use were mislabeled - or are missing - in its in vitro fertilization center. Despite safeguards that should have included bar-coding, color-coding and labeling.

"We are disappointed in ourselves," said Dr. Patrick Quinlan, said the CEO of Ochsner Health System.

But the hospital says, "No" to the big question: Did any families go home with the wrong child?

But at an Ohio fertility clinic, that did happen.

Carolyn Savage had the wrong embryo implanted in her, at a fertility clinic in Ohio.

"You just can't believe you're in a situation where this is unfolding the way it is," Savage said.

Friday, Savage gave birth to a baby boy and will give him to his biological parents, Paul and Shannon Morrell.

"To give this baby a chance at life, to have a normal life, even though this child had an unusual start," Shannon Morell said.

Joyful new parents now, the Morells admit high anxiety when they first learned of the mix-up.

"I didn't know if she was going to terminate, if she was going to carry it," Morell said. "I didn't know who these people were. It was terrible."

The new worry - whether similar mix-ups happened because of Ochsner's mistakes.

"I have to tell you, it is my clients' greatest fear," Lagarde said.

Ochsner has suspended its in vitro program indefinitely pending a complete review, and has offered free DNA testing to any affected patient that wants it.

[credibility2]

Human error, no doubt caused by easily distracted and perhaps poorly educated. Invitro should be outlawed, as well as surrogacy. If one can't have kids, then they should accept it as the will of God and either be childless or consider adoption.

[antoniof123]

He is responsible and the bottom like is that simple. While it was not his intent for this to happen he did collect a fee and he had responisbilities to make ceratin that it did not.

[hsudul]

Overpopulation is amajor problem in our nation.. Why couples go to such
lengths to prduce a child while hundreds of unwanted children go withoutfood and affection. All vitro clinic need to be under stronger
observation... Oct-mom catastrphe should never have happened. Using children was pawns for money ... the doctor is fuly responsible. Its
time the medical industry needs to weigh the having chidlen without the
means of support needs to be considered before health system not meant to
care for these huge numne rof children.

[rondivoo]

As already pointed out, there will always be some errors in everything in life. Nothing and nobody is perfect. If people stick to getting pregnant the old-fashioned way, then they can be certain the kid is theirs. Personally, I don't understand people going to all this trouble to reproduce.

[IrishWench01]

What an awful thing to have happened. It seems that the Savages and the Morells have reached a good place. That was a difficult moment for the Savages, I'm sure. I admire their ability to reach the decision they did. I wish both families the very best.

[stuart-johns]

I think in this case, it may have just been human error, not negligence per se. And the CEO is not an incompetent man.

I agree this has caused nightmares but I don't think they are jerks and neccesarily incompetent physicians.

It was an unfortunate oversight to be sure, but they have been around for some time with no accidents or incidences like this occuring until now.

I think you're being hard on them.

[cbsblogger]

Yet some of these right wing idiots like Limbaugh and Hannity claim that malpractice claims are all due to greedy attorneys and patients.

Actually most legitimate malpractice claims aren't even filed, but they are usually due to gross negligence such as this.

I hope that they go after these incompetent physicians and jerks, if only to prevent the negligence that these nightmares have created for many people.

[stuart-johns]

Get ready for another health insurance premium rate hike.

[pete_in_az]

Yeah no doubt. When are people going to accept the age old adage that **** happens applies to everything in life. Doctors and nurses are just that, not miracle workers. Next time these people hold them to the highest standard, perhaps they should put themselves to that same rigor.

[armyoftwelve]

This story is another reason to BAN clinics like this. All of you people who are worried about "overpopulation"....this is where you need to start.