An Australian IVF company is set to pay 700 former patients $56m after an alleged defective testing program robbed families of viable embryos. Monash IVF had been set to defend the class action in court later this year, but on Thursday it was announced the company had reached a “no admission of liability” settlement following mediation. Prior to this, they were defending the claim.
First lead plaintiff in the case, Danielle Bopping, claimed families and lives were irrevocably changed by Monash IVF’s commercially driven practices. “We also hope that this case helps to draw attention to the fact that IVF in Australia has become a multimillion-dollar industry, which does not always put the best interests of its patients first,” Ms Bopping said. The $56m settlement is still subject to approval from the Supreme Court of Victoria.
The class action statement of claim alleged employees of one of the defendant companies, Repromed, deliberately doctored the results of a clinical trial, forged patient signatures on consent forms and burned documents to cover up incriminating evidence of illegal experiments on patient embryos. Lawyers for the patients claimed about 35 per cent of embryos found to be abnormal by the flawed testing were actually normal and could have potentially resulted in viable pregnancies. Lead lawyer for the patients, Michel Margalit, said “scientific innovation does not warrant treating paying customers as unknowing guinea pigs”.
“If these remarkable women and men had not brought this class action, Monash IVF’s secret would have remained hidden,’’ Ms Margalit said. “Corporate giants” should take heed and not put profits before patients, she said. “This settlement is a wake-up call for IVF providers worldwide.
Patients will not accept substandard IVF treatment. There will be consequences,” Ms Margalit said. “Tragically, many patients had their embryos wrongly classified as abnormal and unsuitable for transfer as a result of this flawed Monash IVF testing and lost their chance to ever have children.
” Second lead plaintiff, Michelle Pedersen, said fellow plaintiffs had hopes, dreams and ambitions shattered. “We should be able to trust medical and science professionals. The inherent nature of the IVF process means that patients are often at their most vulnerable,” she said.
“The lack of transparency in the actual accuracy rates of the niPGT-A testing meant that people were unable to make informed decisions about their fertility.” A Monash IVF spokesperson said: “We acknowledge this case has been challenging for many people and we regret any distress or hurt that may have been experienced.” Monash IVF Group had made no admission of liability, the spokesperson said.
“While we have defended the claim, we believe it is in the best interests of our patients and people to resolve the matter rather than go to trial,” they said. “Achieving the best possible outcomes for our patients has always been and continues to be our absolute focus and mission.” Monash IVF has 57 clinics across Victoria, most being consult only but some are full-service clinics.
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