Legal Question About Clinics That Fail To Deliver Donor Eggs

[judy kava]

We are working with a fertility clinic that also pre-screens egg donors. We choose from their list--- of what we were told--were candidates that have been thoroughly screened by a team of Psychiatrists and doctors at this well known clinic.

To make a long story short --Just a week before our egg transfer day --and after months of taking all the fertility drugs -- we were told our donor was screened a second time, and had an STD--The whole thing was called off

Does anyone know legally where we might stand in a situation like ours? Or what should we demand from the clinic? They have told us that we are back at the top of the list for the next screened donor that comes by--but we still may have to pay a fair share of lab bills and meds for another go round --What should we be getting --or what our are legal rights here?

Thanks for your help

[white]

hi i don't know 100% as it would be hard to tell. i now as a doner that all the bills are the other person evan if the eggs don't work out. can we the doner be held liabal for giveing it a go and faling it? cost are a hard thing, did the porson know that she had a std ?. where you bying the eggs or where they donated free? if you clamed for damages and out of poket exspences whould docters do it for others or would they cancil the procedings fear of the cost if they mess up? and if they do go a head will there insuruns go up and then cost to to cover for new law suits?

it a hard one to tell. i think if they stuft up the test then they should pay for that test..

[Henrietta]

I had an IVF w/DE scheduled for December and at the last minute it was cancelled because the donor, on the final test before retrieval, did not past the test. So everything was called off and has to start all over again. Had to pick a new donor and start all over. There is nothing we can do but start from scratch is what i was told. Sorry if I did not give you any good news. Just trying to be as honest as possible. It is heart breaking I know. I am scheduled for IVF w/DE in March.

Good Luck.

[Ghost]

The clinic is ethically obliged to protect the health of their patients, and required by law to test donors. You can't fault them for the consequences of doing these things.

It's a shame when any cycle is canceled, and especially if it's because a donor fails to follow instructions. If I was a recipient I'd feel cheated if I paid the money and did everything correctly, and my cycle was canceled because of someone else's error.

Most clinics instruct their donors to avoid unprotected sex. If this clinic did so, and the donor simply failed to obey, then I don't see any case against the clinic. The clinic can instruct the donor, but cannot control her.