Fertility clinic sued for wrongful death for allegedly losing fertilized embryos

GRETNA – A local fertility clinic is being sued by a woman who claims the clinic lost her embryos, depriving her of the ability to have a second child and essentially killing her would-be children.

Tammy Boyd, and husband James, filed suit against Ochsner Clinic Foundation and Ochsner Fertility Clinic in the 24th Judicial District Court on Sept. 12.

Boyd claims she and her husband paid significant amounts of money to Ochsner Clinic Foundation for assistance in bearing a child. The plaintiff alleges she underwent a procedure at the Ochsner Fertility Clinic to retrieve eggs from her, which were later fertilized to make seven viable embryos of which four would be transferred and three would be preserved. However, Boyd contends that when she went to the Ochsner facility on Sept. 17, 2006 she was told only three embryos would be transferred and the rest would be preserved.

Boyd asserts that in the initial cycle she conceived and gave birth to a child. In 2009, the plaintiff claims she returned the facility, but that the Ocshner embryo bank had been compromised due to labeling issues and were unable to account for her remaining embryos. The plaintiff alleges that the clinic’s record were error-riddled and that subsequently the whereabouts of her four remaining embryos are unknown.

The defendant is accused of negligent hiring, failing to adequately monitor the fertility clinic, miscommunication information, failing to proactively keep plaintiffs apprise of the status of their embryos, failing to maintain accurate records, improperly documenting the status and progression of retrieved oocytes and failing to implement adequate polices and procedures.

An unspecified amount in damages is sought for wrongful death, loss of life of children, mental anguish, fear, embarrassment, emotional distress, medical expenses, loss of enjoyment of life and loss of consortium.

Boyd is represented by David D. Bravo of the New Orleans-based Bravo Law Firm.

The case has been assigned to Division F Judge Michael P. Mentz.

Case no. 742-373.