Monash IVF facing fresh civil suit from NSW couple

Monash IVF are facing new allegations of professional negligence relating to a genetic test meant to be less risky compared to a standard embryo biopsy.

Monash IVF Group are in legal trouble over a non-invasive embryo screening test developed to reduce miscarriages and the time it takes to achieve a healthy live birth.

Monash IVF are facing a fresh allegation of professional negligence relating to a genetic test meant to be less risky compared with a standard embryo biopsy.

NSW couple Wendy Read and Charles Goble’s civil lawsuit against the group was first lodged in Newcastle in October, but in April a judge of the NSW Supreme Court transferred the matter to Victoria where an existing class action covering almost identical allegations is set to go to trial later this year.

Dr Read and Mr Goble obtained 20 embryos — eggs fertilised with sperm — from four IVF cycles in 2019 and 2020 following treatment at Sydney’s Bondi Junction clinic.

They alleged their obstetrician and gynaecologist recommended they be screened for chromosomal abnormalities, and agreed to use the so called niPGT-A test — a non-invasive test launched by Monash IVF in 2019 — which they believed was a “superior method” compared to an embryo biopsy, court documents seen by The Australian say.

An embryo biopsy is invasive, and some studies report it can negatively affect the embryo’s development.

Monash IVF are being sued by a NSW couple.

Of the 20 embryos collected, the screening test reported 12 were aneuploid embryos (which carry an abnormal number of chromosomes and can lead to birth defects and miscarriages), seven were regular embryos and one was inconclusive.

The couple claimed they were not made aware screening by the niPGT-A test was linked with an increased rate of false positives compared with an embryo biopsy.

Through their solicitor, Conrad Curry senior associate Ebony Bell, the couple said they have not had a family to date.

“They feel let down by what’s happened. And the uncertainty around the status of the embryos has been an emotional burden for them and had significant impact on their lives,” she said.

“Had they been adequately informed about the nature (of the test) … they would have declined to submit the embryos for screening by that method, and elected to use an embryo biopsy, or they would have declined to undergo treatment with the defendant.”

In its defence, Monash IVF said the couple’s embryos “have not been discarded” and were transported to another clinic at their request.

A spokeswoman said: “Monash IVF has filed its defence in the case and will be continuing its defence of the allegations in the Victorian Supreme Court.”

The couple allege they were told the test was “a very standard option in any treatment plan” in a letter sent from obstetrician and gynaecologist Justin Tucker.

They first consulted with Dr Tucker, who is registered to provide assisted reproductive technology services for Monash IVF, in January 2019.

In its defence, Monash IVF said Dr Tucker is an independent clinician and acknowledged the couple received advice from him. He is not listed as a defendant on the statement of claim.

Fertility Australia, Repromed and Monash IVF are the three defendants.

The couple said information on Monash IVF’s website said the screening test was the “latest advance in preimplantation genetic testing” and studies have demonstrated test “results are identical to the embryo biopsy … in 95 per cent of the cases”.

Monash IVF agreed its website offered “opinions” about the screening test, but claimed the couple were made aware of the risks and denied they were negligent.

In its defence, Monash IVF admitted there was “not total concordance between biopsy and niPGT-A” but say that did not render it inappropriate.

They also noted biopsy screening was not “foolproof” and also capable of producing false positives and false negatives.

The couple claim they have suffered psychiatric injury, loss and damage, which is denied by Monash IVF.

A class action alleging similar problems with the genetic test was launched in Victoria in 2021, and is set to go to trial in October.