Several times in the past I have cited the famous case of the severed toe in the plug of tobacco. It stands for the proposition that certain occurrences are so clearly a result of unforgivable human error that no further evidence is needed. This is the doctrine of res ipsa loquitur, “The thing speaks for itself.” The Mississippi Supreme Court stated that try as it might, it could “imagine no reason why, with ordinary care human toes could not be left out of chewing tobacco, and if toes are found in chewing tobacco, it seems to us that somebody has been very careless.” I’m confident that those judges would have come to the same conclusion in the case of the botched IVF procedure that ended up with a mother giving birth to another couple’s baby.

Someone was very careless….

Krystena Murray, single, 38 years old and with her biological clock ticking, spent nearly two years trying to get pregnant. She chose Coastal Fertility Specialists in Savannah, Georgia to handle the IVF procedure, and also chose a sperm donor who resembled her, with blonde hair and blue eyes. After many appointments over several months, undergoing numerous medical tests, taking prescribed drugs to stimulate egg development and ovulation, she had several eggs extracted. Coastal Fertility used Krystena’s retrieved eggs to create embryos using the donor’s sperm, and transferred one of them to Krystena’s womb in May of 2023.

On Dec. 29, 2023, Murray gave birth to a beautiful, healthy, black child. Though a joyous occasion, this was understandably confusing to her, though she loved and was prepared to raise the child as her own. In late March 2024, Coastal Fertility informed that parents of their mis-implanted embryo it had accidentally transferred their baby to Murray, so the couple sued Krystena to obtain custody. DNA tests confirmed that Krystena was not related to her baby, so during a court hearing in May 2024, Murray gave up the child. Her lawyer informed her that she had no other choice.

A statement sent via email by Isabel Bryan, the Executive Director of Coastal Fertility Specialists, said in part,

“Coastal Fertility Specialists deeply regrets the distress caused by an unprecedented error that resulted in an embryo transfer mix-up. While this ultimately led to the birth of a healthy child, we recognize the profound impact this situation has had on the affected families, and we extend our sincerest apologies. Our commitment remains to supporting all impacted families with transparency and compassion. We’re a family business dedicated to helping individuals and couples build their families. It’s for that reason that we hold ourselves to the highest standards of care and responsibility. This incident, while isolated in our 15-year history, does not reflect the level of excellence and trust we strive to uphold….”

Well that’s a relief!

“…This was an isolated event with no further patients affected. The same day this error was discovered we immediately conducted an in-depth review and put additional safeguards in place to further protect patients and to ensure that such an incident does not happen again. These additional measures reinforce our already stringent protocols and reflect our commitment to patient safety, transparency, and trust.  We are doing everything we can to make things right for those affected by this incident. We will continue to uphold the integrity of our practice and our commitment to supporting families in their journey to parenthood.”

Krystena Murray is suing the clinic.

Good.