Orlando fertility clinic sued for IVF mix-up closes operations

LONGWOOD, Fla. -  An Orlando-based fertility clinic – currently accused of implanting the wrong embryo during a procedure – is closing its doors. 

The Fertility Center of Orlando announced the closing of its operations, a statement on its website said on March 30. The clinic is involved in at least two lawsuits pertaining to the investigation of an error resulting in the birth of a child who is not genetically related to the parents it was born to and not taking sufficient patient history to reasonably rule out genetic deficiencies before implanting an embryo into a woman with a history of mental illness. 

What we know:

The Fertility Center of Orlando, located in Longwood, is closing its operations – alerting all previous patients that they can transition their care to CNY Fertility or obtain copies of your medical records and have them transferred to a provider of choice. 

Orlando Fertility Clinic announced closing its business operations. 

"Patients are welcomed and encouraged to transition their care to CNY Fertility. CNY Fertility is committed to supporting your continuity of care. You will continue to see many of the same trusted and familiar faces who have been part of your care team, along with additional team members committed to supporting you on your journey," the statement said. 

Additionally, patients with cryopreserved reproductive specimens in storage can choose to have these specimens transferred to CNY Fertility or to another licensed facility of their choosing. Arrangements must be made no later than April 15, the statement said. 

What prompted this closure? 

No details were provided as to why the fertility business decided to cease its operations. 

FOX 35 has reached out to the Fertility Center of Orlando for comment. 

This decision comes after the clinic is named as defendants in at least two pending lawsuits. 

Wrong embryo implanted

Two Florida parents filed a lawsuit against an Orlando fertility clinic after delivering someone else's baby. The lawsuit – filed in January – alleges that there was a mix-up during the IVF process and that the woman was implanted with someone else's embryo.

According to the filing, the couple became concerned after their daughter, who was born in December, appeared to be a different ethnicity than the parents. 

Mental health concerns for surrogate

A mother filed a lawsuit on behalf of her daughter – a surrogate – claiming the clinic and its director were aware of enhanced psychological pressures imposed on surrogates – of which her daughter – who has a long history of mental illness, the mom said – was not able to make an informed choice using good judgment to be a surrogate.  

The daughter was a surrogate for her cousin – the intended mother – and her partner – the intended father. Both the cousin and her partner are also being sued. 

The baby – who had thanatophoric dysplasia – died 10 days after being born. The lawsuit states the fertility clinic transferred an embryo with thanatophoric dysplasia into the surrogate. This condition – which affects the growth and development of a fetus’ bones and lungs – may be spontaneously generated or inherited, the lawsuit claims. 

The lawsuit claims the clinic failed to take sufficient patient history to reasonably rule out genetic deficiencies.