Gay Lawyers - Case study Personal Injury

Gay Lawyers has been instructed by a Lesbian couple in a complex matter involving several instances of professional negligence and personal injury.

The couple wished to start a family and around four years ago approached an IVF clinic in Spain with a view to creating their family using their own ova (eggs)and an anonymous sperm donor.  They were encouraged to believe that the clinic would be able to assist them to create the family that they had always longed for.  The couple underwent all the tests necessary to establish which of the two of them would be the most suitable to provide the eggs.  It was discovered that only one of the women was able to provide eggs, which was both a shock and a disappointment to the couple. 

They decided to continue and the person that had proved to be the most suitable was prepared for the egg transfer with drugs to simulate egg production in the hope that at least 40 eggs could be collected.   During the course of the retraction the couple discovered that there had been an error in the procedure and the ovarian stimulation had not been calculated correctly and only two eggs had been able to the retracted instead of the planned 40.   The couple were very concerned as they had planned to have at least two children and they wanted their children to have the same biological connection by using the same eggs and sperm donor in the future, with only two eggs the chances of success were severely limited.  Fortunately the procedure was successful and the pregnancy was achieved, resulting in a much wanted daughter. 

In time the couple returned to the clinic in order to increase their family as planned.  The retrieved egg was safe but to their horror they were informed that the sperm donor had reached his limit for donation around the time of the first donation and was no longer available and there was nothing that they could do. The couple queried this and asked why they had not been given this information at the time which would have enabled them to have the opportunity to buy and store the last of his sperm enabling them to achieve their aim of having biologically connected children.  The clinic’s reaction was to blame the couple for failing to buy and store the sperm from the donor in the first instance and reiterating that there was nothing that they could do.

The couple turned to Gay Lawyers for assistance and the Barcelona office in Spain was able to take on this case and devise a strategy to achieve an outcome that provides some consolation to the very distressed couple.