Hopeful Couple Sues Colorado Fertility Clinic For Destroying Their Embryos

colorado fertility clinic genetic tests Kara Seldin-Howell Kolton Howell CNY Fertility Colorado IVF procedure Adam Wolf seven embryos egg retrival pre-implantation testing oversight in IVF clinics destroyed embryos

By Lili Scott , Parent Herald Apr 23, 09:37 pm

Photo: (Photo : LUCA SOLA/AFP via Getty Images)

A couple from Washington found their dreams of becoming parents crushed after a Colorado fertility clinic destroyed their embryos when laboratory workers were conducting genetic tests.

Kara Seldin-Howell and Kolton Howell told People they have been trying for almost a year to have a baby. However, within a matter of days, CNY Fertility Colorado managed to "rob their hopes, dreams" when they were told their embryos died in the laboratory.

One of the workers at the fertility clinic forgot to add an oil medium to the Petri dishes during the genetic testing; thus, their embryos dried out. This took place two days after the couple was informed that they had retrieved seven viable embryos from a previous IVF procedure.

Kara and Kolton immediately went to lawyer Adam Wolf, who filed the lawsuit on their behalf. Wolf said that this was an "utterly preventable" tragedy, especially after the fertility clinic owned up to their mistake and stated they would "start double-checking laboratory work" only after this incident.

Regretting their Choice

The Howells wanted to have two or three kids and explored their options with IVF. They settled with CNY Fertility Colorado after looking for a facility that would help them with their plans to expand their family.

Kara and Kolton have been through several procedures of blood drawn out of their arms, invasive tests, injections, and a surgical procedure for egg retrieval. They chose to have pre-implantation testing for the genetics of the embryos before freezing. In hindsight, the couple told The Washington Post they regret that choice.

The oil medium required for the embryos was supposed to provide nourishment that mimics the environment in the fallopian tube. This was needed to facilitate the healthy growth and preservation of the embryos while waiting for the transfer procedure.

The couple claims that the fertility clinic breached their contract when it failed to deliver the promised genetic material. The Howells are seeking compensation for the damages for an undetermined amount.

Oversight in IVF Clinics

This is not the first lawsuit for Wolf against an IVF clinic. Three years ago, the lawyer also pursued a case highlighting the oversight occurring in fertility facilities because the industry is hardly regulated. The lawyer said that while states have their own laws to protect hopeful parents like the Howells, there must be guidelines on the federal level.

"When we're dealing with something that's as important as [the] basics of human life, we need to have meaningful federal oversight," Wolf said, per Law & Crime.

CNY Fertility Center has four other facilities in the U.S. It's one of America's busiest clinics because it's also the most affordable. In its over 20 years of operation, the clinic had another medical malpractice lawsuit involving a couple who said that the clinic failed to do proper genetic screening of their egg donor as their daughter was born with cystic fibrosis.

Meanwhile, Kara and Kolt said they are still considering IVF to realize their dreams. However, they have some fears about going through the process again due to their traumatizing experience.