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When handling frozen embryos, as previously discussed, there is a specific duty of care owed by the hospital to the parents to maintain the embryos properly and sufficiently so as to preserve them from harm and maintain them for usage by the donor couple. In Louisiana, lawyers have been filing lawsuits regarding a mixup at Ochsner Hospital Elmwood in which a mislabeling matter led to what may end up being a complete disposal of a number of embryos because of a lack of screening that also occurred.

ABC recently profiled a series of mishaps, including that in Louisiana, occurring in the world of in vitro fertilization. With loose regulations, there is a huge possibility of error, as is the case here.

Louisiana law clearly stipulate facets involved in the adoption or change of possession regarding frozen embryos. It does this to try to protect families from the improper transfer of an embryo to another individual, among other reasons. The law states

La. Rev. Stat. Ann. § 9:130 An in vitro fertilized human ovum is a juridical person which cannot be owned by the in vitro fertilization patients who owe it a high duty of care and prudent administration. If the in vitro fertilization patients renounce, by notarial act, their parental rights for in utero implantation, then the in vitro fertilized human ovum shall be available for adoptive implantation in accordance with written procedures of the facility where it is housed or stored. The in vitro fertilization patients may renounce their parental rights in favor of another married couple, but only if the other couple is willing and able to receive the in vitro fertilized ovum. No compensation shall be paid or received by either couple to renounce parental rights. Constructive fulfillment of the statutory provisions for adoption in this state shall occur when a married couple executes a notarial act of adoption of the in vitro fertilized ovum and birth occurs.

In this way, the law hopes to prevent the malicious transfer of frozen embryos to a woman other than the donor. However, recent events have proven the transfer can occur outside of intent and that an escalation of regulation may be required to prevent such tragedies from occurring down the road.

The news has widely covered the story of how one woman, Carolyn Savage, of Toledo, Ohio, found out during her pregnancy that the embryo she had been impregnated with was, in fact, from another couple. Mrs. Savage gave birth to that child and, in an act of extreme charity and kindness, turned it over to its biological parents, Shannon and Paul Morell. The story, found here, has received so much attention because of the extreme amount of compassion it would take for a couple like the Savages, who are themselves looking to have their own child, to give birth to a child that is not theirs, let alone readily hand that child over upon birth. It also shows the possibility for mistakes that recently occurred in New Orleans most recently.

In the case of the Morells and Savages, a name-error may have caused the mislabeling, or incorrect usage, of the embryo that was used to impregnate Mrs. Savage. The American Chronicle reports

In an interview with The Blade yesterday afternoon, Carolyn's husband, Sean Savage, said it's possible the error occurred because the mothers share a name, and when it was mentioned that it seems to be a very odd coincidence, he commented "which makes it probably not a coincidence."

The Savages aren't related to the woman who will take the baby boy home, but most assuredly, there will always be a connection.

Although the baby won't be living under their roof, he will always be there, "a part of us," Mr. Savage said.

The Elmwood branch of Ochsner Hospital closed down their in vitro fertilization program last week after reports that an unknown number of frozen embryos were mislabeled and/or not properly screened for disease before storage. The mixup is itself a tragedy for the couples involved who had turned to the hospital as a means in which they could finally have a child.

A blatant example of Medical Malpractice, anyone who has had embryos stored at Ochsner Hospital or that already knows the mislabeling occurred with their frozen supply should contact an attorney immediately. The Berniard Law Firm does have extensive experience in medical malpractice issues and is willing to discuss with anyone their legal rights in matters involving this case or others.

A recent twist to Ochsner Elmwood's recent embryonic disaster regarding the mislabeling and invalidation of an unknown number of frozen embryos complicates the matter even further. It is now alleged that the individual responsible for the mixup may not have even been an employee of the hospital and, further, even certified to be working in the professional capacity he was working in.

While contracting out medical specialists is not new for hospitals, this new kink adds fuel to the fire of the argument some have regarding the lack of concrete regulation in regards to fertilization and embryonic storage.

The Times-Picayune reports

A embryologist who is accused of mislabeling human embryos at Ochsner's in vitro fertilization center in Elmwood was not employed by the clinic and may not have had proper professional certification, according to a report by New Orleans CityBusiness.

Vincent Williams is being sued by a couple who names him as the lab worker they believe was responsible for the problems at the clinic. But the report contends Williams did not work for Ochsner, but rather had a contractual relationship with the clinic.

CityBusiness quotes the administrator of the American Association of Bioanalysts, the health system contracted with Vincent Williams' company to run the clinic, as saying that nobody by the name of Vincent Williams is certified with its board.

This new facet to the case shows an even bigger element of responsibility that Ochsner, or the company through which they contracted, will have to overcome to avoid responsibility for this matter. Any couples or women who froze their embryos at the Elmwood location of Ochsner are encouraged to contact an attorney immediately to find out their legal rights in this chaotic matter.

In order to help readers understand more about the embryo debacle and ensuing lawsuits that recently occurred at Ochsner Hospital Elmwood, outside New Orleans, an explanation of relevant Louisiana statutory law is a helpful tool. The Louisiana law provides a specific comprehension for lawyers and citizens to understand regarding embryos frozen at facilities and does not fail to mention the proprietary rights that go with the storage. While a couple may freeze embryos and store them with a hospital, they do not give up any of their rights over those embryos and they are handled as if they were never removed from the woman.

Louisiana law states

La. Rev. Stat. Ann. § 9:126 An in vitro fertilized human ovum is a biological human being which is not the property of the physician which acts as an agent of fertilization, or the facility which employs him or the donors of the sperm and ovum. If the in vitro fertilization patients express their identity, then their rights as parents as provided under the Louisiana Civil Code will be preserved. If the in vitro fertilization patients fail to express their identity, then the physician shall be deemed to be temporary guardian of the in vitro fertilized human ovum until adoptive implantation can occur. A court in the parish where the in vitro fertilized ovum is located may appoint a curator, upon motion of the in vitro fertilization patients, their heirs, or physicians who caused in vitro fertilization to be performed, to protect the in vitro fertilized human ovum's rights.

In this way, the law specifically notes that the hospital is a guardian in function only and has no legal rights over the embryos frozen at its facility. As a result, the loss of embryos, as seems imminent given the recent revelation that since they were not screened for sexually transmitted diseases, they are not viable for implantation, falls solely on the hospital for responsibility. It is the couples who chose to have their embryos stored at the hospital who are the only losers in this matter and it is important that they receive the justice they deserve.

If you or someone you know stored embryos at the Elmwood facility, please contact the Berniard Law Firm at 504.527.6225 or text 24-7 at 504.458.6225 to find out what your legal rights regarding the matter are. With our wide range of medical experts, our firm will knowledgeably and effectively defend your rights in the matter.

While the embryo mixup that occurred in the Louisiana hospital outside New Orleans was bad news for families who had stored there, recent news makes the situation worse. The unfortunate reality, it appears, for those couples whose embryos were kept at Ochsner Hospital Elmwood is that, even if they could be identified after being mislabeled, a failure to screen them for sexually transmitted diseases when freezing took place makes them inviable to implant. The suit filed a couple earlier this month is the second filed against the hospital after another couple found that the embryos they had frozen at Ochsner Hospital Elmwood went missing. That the mislabeled embryos are not even viable even if identified is a harsh addendum to an already tragic and sad event.

The hospital has shut down its in vitro program indefinitely so as to attend to the problems that obviously exist before continuing. Ochsner CEO Pat Quinlan has stated the problem and shutdown arrives from a "significant labeling issue, which makes us unable to account for all the frozen embryos in our IVF center."

What this means to New Orleans residents is simple: any couple or woman who has had embryos frozen at Ochsner Hospital Elmwood needs to contact the hospital immediately to find out the status of their frozen embryos. The hospital has stated any patients concerned with the status of their embryos should call concerns can contact Ochsner by calling 866.631.9783 or send e-mails or questions to questions@ochsner.org. As both of these appear to be public manners of contact, an important next step for patients would be to attain legal counsel.

In matters involving medical malpractice, legal counsel is essential. By hiring an attorney with experience in malpractice issues and a series of experts, legal and medical, to use in pursuing the case, clients will be in much better standing to handle the hurdles that loom in this matter. Contact the Berniard Law Firm at 504.527.6225 or text 504.458.6225 24 hours a day, 7 days a week to find out your legal rights regarding this matter. For more information on medical malpractice matters, click here.

It is hard to think of something that could be more traumatic or concerning for families looking to in vitro for pregnancy options beyond what seems to now be the reality many are facing today. In New Orleans, Louisiana, Ochsner hospital has shut down their in vitro fertility program after realizing that their Elmwood facility is currently facing a huge mismanagement issue of embryos. As embryos are an integral part of in vitro pregnancy for families looking to have children, the fear for some is that this mismanagement has led to terrifying questions that remain to be sufficiently answered.

The Times-Picayune reports that the facility has shut down its program indefinitely in light of a recent discovery that its embryos have been mislabeled.

In her feature, Michelle Hunter reports

Hospital officials believe about 100 couples have been affected by the labeling errors, and began contacting them on Thursday. Officials could not say the cause of the mix-up but said, out of an abundance of caution, they are conducting an audit of the entire in vitro fertilization program, which began in 2003.

"Until we complete the full audit, we can't really speculate on what happened," said Chief Medical Officer Joseph Bisordi. He offered no other details than to say there were embryos that appeared to be mislabeled and unaccounted for."

The problem first surfaced a year ago, according to Bisordi. Ochsner officials began an evaluation and brought in an "outside expert" who determined the department needed to expand its audit.

This is a huge matter that has to leave many unsettled. While CEO Pat Quinlan claims that "no embryos had been implanted in the wrong mother," until an investigation occurs, many will be likely concerned. It will be important to see how the hospital responds to the matter and how transparent their investigation will be as the article notes the matter affects approximately 100 different families.

Embryo storage is an extremely important and emotionally significant matter for families to face and when a hospital mishandles the situation, the best case scenario is still disheartening and problematic. This blog will continue to follow the story and readers can feel free to contact our offices and bookmark the site to find out the latest information as it becomes available. If you need legal advice or need an attorney regarding this matter, please contact the Berniard Firm at (504) 527-6225 or text with your name (504) 458-6225. We will alert you to your legal rights and connect you with medical and other relevant experts who can let you know just what your rights are in this matter.