Professional Negligence Law Reporter

The Does went to the Roe fertility clinic after trying to conceive for over a year. Mrs. Doe received intracytoplasmic sperm injections and implantation of four fertilized eggs, which led to her delivery of a healthy child. Fourteen years later, genetic testing revealed that the child was biologically unrelated to Mr. Doe.

The Does claimed that the fertility clinic was liable for medical battery for its use of a stranger’s sperm to fertilize Mrs. Doe’s eggs. The defense conceded that an error had occurred but asserted that the case constituted medical malpractice and was subject to the applicable damages cap.

The parties settled for $2.1 million before suit was filed.

Citation: Doe v. Roe Fertility Clinic, settled before filing, Oct. 21, 2020.

Claimant counsel: Benjamin T. Ikuta, Irvine, Calif.; and Robert H. Marcereau, Foothill Ranch, Calif.