Failure of IVF due to damaged medicine and negligent hospital service

narsimhareddy

New Member
Jurisdiction
North Carolina
Hi - I need help with my case here. Let me explain the situation briefly.

I went to a hospital for IVF (In vitro fertilization) process to have kids. We had a tubal ligation before when we were in India. So we will not be able to have kids in normal way.

In process, we went to a hospital for the treatment and they put my wife on medicine for 11 days to generate multiple eggs, these medicines are too expensive (around $4,000). We are supposed to take a trigger shot on 11th day to retrieve eggs but unfortunately, trigger shot which was in a package was broken inside. We are supposed to take that trigger at 9.30PM but could not take them. We have immediately called the hospital around 9PM for any other alternatives but call canter guys picked up and said they have contacted the doctor and doctor will reach out to me. The doctor / anyone else from hospital have not reached out to us until 1.30AM in the morning. At 1.30AM they asked us to take some other trigger and we took it as suggested.

When we went for egg retrieval after 36 hours, doctor said as you did not take the trigger on time, unfortunately there are no eggs in the body anymore. There was only 1 egg left but we were supposed to have multiple eggs. So our entire IVF process has failed.

In the process they charged us $12,000 as hospital charges and $4,000 as medicine cost. Most of all emotion, pain and lot of side affects with the process. All got wasted.

The root cause of this unfortunate incident lies with 1) the broken medicine which was sent via courier, who upon complaining refunded the small amount $130 2) Upon reporting about damaged medicine kit to the call center at 9.30PM on 11th day, the doctor/anyone else who were to call back did not return immediately (returned at at 1.30AM: Doctor mentioned that the call center person had to inform her immediately; which did not happen and the reason was unknown to her).

We have asked the hospital to give us our refund or at least do another cycle of IVF at free of cost but they does not seem to have any feel for our pain and loss. They said they can give only 10% discount. I spent most of my savings on this process and not in a position to spend another 17K-20K on next cycle.

So, I am trying to check if I can sue the hospital in consumer protection law and get the refund or get another free cycle from them. I am not asking for the compensation for the pain and emotions we have faced in the process.

Please advise!

Thank you,

Narasimha Kallem
 
You can, as can anyone, bring a lawsuit to seek redress for your perceived losses.

Before you become too encouraged because anyone can sue, read the documentation and authorizations you signed and/or were provided at the outset of your IVF journey.
 
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