Table 2.

Case descriptions, damage claims, and settlements paid for embryology, and laboratory errors

Laboratory error
Description of cases with indemnity paid	Damages	Indemnity paid
Transfer of four embryos instead of two resulting in quadruplet pregnancy. The patient delivered 4 premature infants with survival of three.	Wrongful death; pain and suffering; hospitalization for 3 premature infants: $60,877; cost of raising an additional child.	$900,000
Failure to properly handle embryos resulting in the loss of high grade embryos and failure to become pregnant.	Loss of embryos; emotional distress; demand $3 M.	$60,000
Loss of frozen embryos. Frozen embryos were inadvertently thawed absent any uterine prep without chance of transfer.	Loss of embryos; emotional distress.	$32,500
Accidental loss of embryos resulting in lost opportunity to have children.	Loss of 16 embryos.	$530,000
Accidental loss of embryos resulting in emotional distress.	Loss of 9 embryos.	$25,000
Loss of frozen oocytes. After initial request to discard frozen oocytes, patient retracted request and was incorrectly assured the oocytes remained frozen. When an insemination and transfer were planned, it was discovered that the oocytes had been discarded at the time of the intial request to discard.	Medical expenses: $4420; facility’s expenses: $2215; Emotional distress, pain and suffering: $26,544	$20,000
Loss of frozen embryo. An embryo was transferred from another facility and was not viable upon thaw.	Economic damages; cost of additional IVF cycle and medication: $15,000 and oocyte retrieval $8700	$20,000
No pregnancy after IVF. The patient sued for return of fees after unsuccessful IVF cycle.	Cost of IVF cycle: $15,000	$6000