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Fertility Mix-Up!

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OMG, I could not even imagine carying a baby and finding out it is not

biologically yours and risk losing that child. How terrible for all of these

people

involved. My heart goes out to them all.

God Bless, Robin

Wife to Pup for 15 years

Mommy to-

and

(twin boys, 8 years) and

Daughter Madison- age 5 1/2

and new Mommy to-

Emerson Roger born

July 28, 2004 at 4:11 am

8lbs 7 oz, 20 1/2 inches long.

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In a message dated 8/4/2004 2:15:41 PM Eastern Daylight Time,

mamaslilqueen@... writes:

OMG, I could not even imagine carying a baby and finding out it is not

biologically yours and risk losing that child. How terrible for all of these

people

involved. My heart goes out to them all.

God Bless, Robin

--------------------------

There isn't a price tag you can put on that misery and sorrow....

sooo sad.. :(

K in Ft Lauderdale

Mommy to:

Noah - 10/14/02

Jonah - edd 11/18/04

***************************************************

Free Job Listings - Add Your Link FREE

http://www.NetBizMoms.com

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Calif. Woman Wins $1M in Fertility Mix-Up

By LISA LEFF, Associated Press Writer

SAN FRANCISCO - A California woman has been awarded $1 million in

damages to settle a malpractice lawsuit against a fertility

specialist who accidentally implanted her with the wrong embryos,

then hid the mistake until her baby was 10 months old, her lawyer

The embryos Buchweitz received at a San Francisco clinic

were intended for a married couple who underwent in-vitro

fertilization the same day using the husband's sperm and a different

egg donor. The couple is now seeking custody of the 3-year-old son

Buchweitz has raised since birth.

" The whole thing is creepy, " said Hersh, Buchweitz's lawyer in

her civil suit against the clinic, its lead doctor and its former

embryologist.

The settlement, made public Monday, arose from allegations that both

the infertility doctor, L. Katz, and Imam El-Danasouri, the

scientist who incubated the embryos and allegedly provided the wrong

ones, knew of the mix-up within minutes of Buchweitz's June 15, 2000,

in-vitro fertilization procedure.

According to court papers, they concluded it would be better to let

nature take its course rather than disclose the error, possibly

causing the patient to end the pregnancy. Several experts summoned by

Katz's defense in pretrial testimony agreed with that decision.

The couple who provided the embryos also underwent an in-vitro

procedure using the same set, and the wife gave birth to a child 10

days after Buchweitz did, making her son and the couple's daughter

siblings.

Katz's attorney, Slattery, said Tuesday that his client

figured that at age 47 and after two years of trying unsuccessfully

to get pregnant, Buchweitz faced long odds with her in-vitro

procedure. He worried that if he told her about the switched embryos,

he would have to tell the married couple, too, thereby setting the

scenario for a custody skirmish.

" The dilemma he had was that if he told somebody, he had to tell

everybody, and somebody would be harmed as a result of it, " Slattery

said.

Buchweitz learned about the switched embryos in December 2001 after

the Medical Board of California, acting on an anonymous complaint

from a former worker at Katz's clinic, contacted her and said there

had been a mistake with her in-vitro procedure. In response to her

panicked call, Katz and El-Danasouri went to her home and revealed

what had happened.

They also notified the couple, who are unnamed in court papers and

filed their own fraud-and-negligence case against Katz and El-

Danasouri. The couple, meanwhile, is seeking permanent custody of

Buchweitz's son.

A family court judge has granted Buchweitz temporary custody of the

little boy and the husband, as the biological father, twice-weekly

custody. The issue of how the couple and Buchweitz will divide his

care in the future is scheduled to be decided in October, Hersh said.

" It's so ironic the court would ask people who don't know each other

to co-parent, " Buchweitz said. " There is no psychology book that says

how to do this. "

Katz, who is being investigated by the Medical Board of California

but continues to operate his fertility clinic, indirectly offered his

own thoughts in an article published last year in the journal of the

San Francisco Medical Society.

" Science can move ahead very quickly, " he wrote. " However, ethical

standards don't often develop as rapidly. "

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