GRETNA – A married couple who underwent in vitro fertilization to conceive their twin daughters is suing the doctor who handled their pregnancy and the hospital where the embryos were stored after it was revealed that there was a mix-up.
C.B. and J.B., a married couple whose true identities are protected in the filing, filed suit against Ochsner Clinic Foundation, Ochsner Fertility Clinic, Vincent Williams and Meharry Medical College in the 24th Judicial District Court on Aug. 23.
C.B. and J.B. claim that in 2004 C.B. underwent in vitro fertilization under the care of Ochsner Clinic Foundation and later gave birth to twin girls. The plaintiffs allege that in December 2007 Ochsner became aware of widespread labeling problems but it was not until the fall of 2009 after a press conference was held to announce the closure of the fertility clinic that they found their embryos were part of a mix up. C.B. and J.B. assert that they were told they would have to undergo DNA testing, along with their embryos’ unknown egg donor, if they were to determine if the children C.B. had given birth to had any biological relationship to the couple.
The defendant is accused of negligence and breach of contract.
An unspecified amount in damages is sought for loss or destruction of human embryos, inability to identify embryos, inability to implant embryos, keen mental anguish, embarrassment, humiliation, emotional distress, medical expenses and loss of enjoyment of life.
C.B. and J.B. are represented by Kara Hadican Samuels of New Orleans-based Sangisetty & Samuels LLC.
The case has been assigned to Division G Judge Robert A. Pitre Jr.
Case no. 730-262.