As people decide to have children at an older age, fertility clinics have grown in popularity. In addition, medical advances related to fertility have been a focus on medical researchers. For example, the NIH reports that the amount of research dollars related to fertility has grown from $78 million to $86 million over the last few years. However, as more people seek the services of fertility specialists, there are growing risks for New York birth injuries and prenatal care negligence. There is a current case pending before a New York court of appeals that revolves around the potential liability of a fertility clinic as it relates to genetically defective eggs.
The plaintiffs are two separate couples who allege that a New York fertility clinic, through the clinic’s fertility doctor, provided eggs that led to their children being born with genetic disorders. Both children have what’s known as Fragile X syndrome, which is a disease that can cause mental and physical developmental issues. The plaintiffs’ complaint alleges that the defendants, the fertility doctor and his clinic, failed to test the women who donated the eggs in question to assess whether those women were carriers for Fragile X syndrome. The damages relate to the expenses of caring for a disabled child.
The primary issue in the case is whether the claim is time-barred by New York’s statute of limitations for medical malpractice claims. Generally, the statute of limitations for a claim is 36 months from the date of the alleged act of malpractice.