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Fertility Clinic Mix-Up Results in Lawsuit

Emily Hanberry

Associate

Tel:       403.692.5217
Email:  ehanberry@vogel-llp.ca

In 2012, a couple residing in New Jersey, Kristina and Drew Wasilewski, turned to in-vitro fertilization to assist in getting pregnant. The couple claims that they spent nearly $500,000 at an institute in New Jersey on the procedure, which was ultimately successful, and in 2013, Kristina gave birth to a healthy baby girl. The parents were overjoyed, until, around their daughters’ second birthday, the Caucasian couple noticed that their daughter was developing Asian features. The parents also learned that their daughter had a genetic blood disorder, which neither of them were carriers of.

The couple, now divorced, had a DNA test performed and discovered that their daughter was only biologically related to Kristina, and had no biological relationship with Drew.

In 2019, Kristina and Drew filed a lawsuit against the fertility clinic, asking the hospital to release documents so they could determine who their daughters’ biological father is (and to also determine whether Drew had any biological children that he did not know about). The now-divorced couple also sought monetary damages; part of the claim for damages sought by Kristina and Drew alleged that the clinic was negligent and that this negligence had ultimately led to their separation and divorce.

A Judge in New Jersey has ordered the clinic to provide the parties with a list of sperm donors who attended the clinic at the same time as Kristina and Drew, presumably in hopes of narrowing down who their daughter’s biological father is. The Judge also demanded that the clinic release the names of staff working at the facility at the time of the mishap.

2020-01-17T15:03:32-07:00January 20th, 2020|

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