Canberra families join class action against Compass Fertility, Monash IVF

Families have joined a class action against an IVF clinic following claims they destroyed embryos based on a faulty genetic test.

A number of Canberra couples have joined a class action against local IVF clinic Compass Fertility and Monash IVF.

Several heartbroken Canberra families have joined a class action against a IVF clinic following claims viable embryos were destroyed based on faulty genetic testing.

Lawyers say at least four Canberra couples who were former patients of Compass Fertility have joined the class action which was originally lodged against Monash IVF. 

Compass Fertility was contacted for comment but did not provide a response by the time of publication.

The clinic, which is affiliated with Monash IVF, previously provided the PGT-A test which was spruiked as a non-invasive genetic test for chromosome abnormalities.

But, lawyers claim the test incorrectly identified some embryos as abnormal leading to more of them being destroyed even though they could have been viable.

The test was introduced across Australia by Monash IVF in May 2019 but its use was suspended in October 2020.

Canberra couples have joined a class action suit following allegations viable embryos were destroyed based on faulty genetic testing. Picture: iStock

Margalit Injury Lawyers, which are leading the class action, say the test could have been used up to 13,000 times between may 2019 and October 2020.

Managing principal Michel Margalit said Compass Fertility was just one of seven entities being pursued by the class action.

She said the class action included patients from Victoria, Queensland, Tasmania, ACT, SA, the NT, and NSW.

“The real problem is did (IVF clinics) do sufficient due diligence?,” Ms Margalit said.

“Did they engage in responsible or accurate investigation to know what they were offering to their patients was a responsible and reliable method of testing?”

Michel Margalit of Margalit Injury lawyers said the real question was if IVF clinics had done their “due diligence” before offering patients genetic testing. Picture: Supplied

Ms Margalit claimed other clinics, that are not affiliated with Monash IVF, did not use the genetic test as it was not considered reliable.

“All over the world every other scientist in every other clinic has said we’re not there yet … we need to study this method more,” she said.

“For some reason Monash IVF and Compass Fertility thought they cracked it.

“Some of the most tragic cases are cancer patient who are simply trying to preserve the embryos because they are no longer able to producer viable embryos.

“They’ve certainly interfered with highly vulnerable individuals who have very limited options.”

Former Compass Fertility patients have joined a class action suit against the IVF clinic. Picture: Supplied

The class action was originally lodged in the Victorian Supreme Court against Monash IVF, Monash IVF group and as Adelaide Fertility Centre, which trades under the name Repromed.

Ms Margalit said she expects the class action to be mediated in mid-2023 and would be seeking payouts in the millions.

A former Compass Fertility patient, who did not wish to be named, said she would have made a “very different decision” if she had known “the truth” about the accuracy of the test.

“We trusted them as our medical advisers and now we are suffering from such unnecessary financial and emotional costs,” she said.

“They threw away my embryo so we have been robbed of the opportunity to even have our embryo retested.’’

Ms Margalit said she strongly encourages other Compass Fertility patients to come forward.

“At this point it’s been called the ‘Monash IVF class action’ simply because (this issue) was first identified by Monash IVF patients,” she said.

“The claims of Compass Fertility patients are just as important and we want to ensure those patients aren't left behind.”

• Compass fertility was contacted for comment