And embryos too? And how is Nancy Hersch always there to see it happen? It’s an address — 1700 California
Street, San Francisco. And it’s the home of both Laurel Fertility Clinic and Fertility
Associates.
Fertility Associates made the news in 2004 when Nancy Hersh,
founding partner at San Francisco's Hersh & Hersh, obtained $1 million in
damages in a medical malpractice case filed on behalf of Susan Buchweitz, who
was accidentally implanted with the embryos of another couple. Buchweitz’s
fertility specialist allegedly failed to tell her of the mistake until her
child was 10 months old, leading to an eventual custody battle between Buchweitz
and the couple. According to the National
Law Journal, the Medical Board of California revoked the specialist’s
medical license in 2005.
On Monday, Hersh filed another
suit, this time against Laurel Fertility Clinic, which happens to occupy
the same office suite at 1700 California Street as Fertility Associates. The suit claims that doctors at the
Laurel Fertility Clinic used the wrong sperm to fertilize Katharine Aschero's
eggs. Once the error was
discovered, the clinic destroyed the viable embryos without the Aschero’s
consent. The Laurel suit does not raise claims of medical malpractice, but
instead alleges breach of contract and common law negligence and seeks $80,000
in actual damages, plus damages for emotional distress and punitive damages.
Read the whole story at The
National Law Journal.
(HT: Jill Fisch)