Krystena Murray’s journey through in-vitro fertilization (IVF) turned into a nightmare when she discovered that the baby she had given birth to was not biologically hers. Murray, a white woman who had chosen a sperm donor with similar features, was stunned when her child had dark skin. A DNA test later revealed that the Georgia fertility clinic had mistakenly implanted the wrong embryo in her uterus. After five months of raising the child, Murray handed him over to his biological parents. Her heartbreaking ordeal led her to file a lawsuit against the clinic.
While cases like Murray’s are often considered rare, an NBC News analysis of federal and state legal databases uncovered over 300 lawsuits from 2019 to 2024, accusing fertility clinics of various errors including the destruction or misplacement of embryos, eggs, and sperm. The majority of these lawsuits — around 260 — were linked to equipment failures. The rapid growth of the fertility industry, which quadrupled from 1996 to 2022, has led to more procedures and, consequently, more cases of errors. In 2022, the U.S. fertility industry was valued at $5.7 billion.
Experts believe that the surge in IVF procedures highlights the lack of regulations in the industry. While hospitals are required to report serious medical errors, IVF clinics are exempt from such rules. Clinics and labs also lack the oversight seen in other medical fields, such as blood banks, with inspections typically carried out by private accreditation organizations rather than federal or state bodies. Moreover, legal claims involving errors with embryos or sperm don’t fall under standard medical malpractice laws, leaving patients with limited recourse when things go wrong.
IVF patients, especially those in cases like Murray’s, often struggle to seek justice. Most of the lawsuits identified in NBC News’ analysis were settled or dismissed, and only a small number went to trial. Adam Wolf, a lawyer representing Murray, believes that the absence of stringent regulations and reporting requirements in the IVF industry will continue to result in more errors and lawsuits. He calls for stricter state and federal oversight to prevent further mistakes and protect patients.
Marissa Calhoun, another IVF patient, experienced her own devastating error when her embryos were mistakenly discarded by a fertility clinic in Los Angeles. Diagnosed with severe endometriosis, Calhoun had undergone multiple painful egg retrievals. After her embryos were destroyed due to a lab error, she filed a lawsuit against the clinic. Her case highlights the emotional and financial toll these errors take on patients, who invest years of effort and significant amounts of money into IVF procedures.
The issue of IVF errors and their legal ramifications is compounded by the lack of transparency and mandatory reporting. In many cases, patients sign arbitration agreements that limit their ability to take their disputes to court, further obscuring the extent of these incidents. Additionally, the IVF industry, while growing rapidly, is not subject to the same strict regulatory measures that govern other medical practices. The Food and Drug Administration (FDA) does inspect facilities storing eggs and embryos and mandates that donor material be tested for diseases, but this is only a fraction of the oversight needed.
Despite growing calls for more regulation, the IVF industry remains resistant to change, arguing that errors are no more common than in other medical fields. However, some clinics have implemented stricter protocols, such as barcode tracking systems and multiple person checks on reproductive specimens, in an effort to improve safety. These voluntary measures, however, are not federally required.
The debate over how to regulate IVF is further complicated by political and ethical concerns surrounding embryos. Legal challenges regarding whether embryos should be considered children under the law have led to lawsuits, including one in Alabama that caused several clinics to halt services until new legislation was passed. The broader conversation surrounding IVF is deeply intertwined with the divisive issues of reproductive rights and abortion, making it difficult to implement comprehensive regulations.
As the IVF industry continues to expand, experts and former patients alike are calling for increased protections and oversight to ensure that the rapid growth of assisted reproductive technology does not come at the expense of patient safety and trust.
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