Couple secure five figure settlement from London fertility clinic which lost their embryos

The private fertility clinic in London blamed a faulty pipette for the errors in failing to save the embryos but did not admit liability.

In 2022, the couple who we have called David and Emma went to the private clinic which collected several eggs for IVF.

Four were selected for fertilisation, but they were all lost because a damaged pipette tube was used in the transfer process.

The clinic reported this manufacturing issue but David and Emma’s legal team at Leigh Day argued that it had failed in its responsibility to keep the embryos safe. The team said the clinic also failed to take reasonable care, by moving all the embryos at the same time using the same equipment.

David and Emma were able to secure a five-figure settlement in compensation for the psychological impacts of the embryos being lost and for the loss of earnings caused by the need for additional treatment.

Following another round of IVF, they welcomed a baby boy in late 2023.

The clinic has now changed its processes, to make sure pipettes are fully checked before they are used, and that embryos are moved separately.

Leigh Day Partner, Lauren Tully who represented the couple said:

“Every embryo represents an opportunity to have a baby, and David and Emma’s loss was deeply distressing.

“Failures and faults in fertility care have devastating consequences for couples, many of whom will not be able to create new embryos and will have lost the chance to grow their family.

“Emma and David have fought tirelessly to have the significance of their loss acknowledged, and I am so pleased that I was able to support them through the process”.