Two parents have filed a lawsuit against a Pasadena fertility clinic, alleging they mistakenly implanted an embryo with a genetic mutation for a rare and deadly stomach cancer, then tried to cover it up.
Jason and Melissa Diaz say they specifically told the Huntington Reproductive Fertility Center (HRC) that they did not want to pass the mutation on to their children. Despite this, they claim, Melissa Díaz gave birth to a baby with a CDH1 gene mutation as a result of the clinic’s actions, making it likely that she would develop hereditary diffuse gastric cancer.
The family filed a separate arbitration claim for negligence in the wrongful implantation of the embryo. The lawsuit, in particular, claims that HRC hid information from customers, including that it has a “long history” of past mixing of genetic material and that its processes and procedures are insufficient to prevent such mistakes.
“I wouldn’t want anyone on Earth to go through this kind of pain, and now I’m going to be forced to watch my own son, my own flesh and blood, go through this after Melissa and I worked so hard to protect him,” did he declare. . . Jason Diaz said in tears during a press conference on Wednesday.
In a written statement sent to sister station NBC4, HRC said it supported the “professionalism and expertise” of its medical staff and had empathy for the family.
“However, the patients associated with the case requested genetic testing and genetic counseling outside of HRC Fertility. Together with an external party, they wished to have a male embryo implanted, which we carried out in accordance with the explicit wishes of the family and with the highest standards of care,” the clinic wrote.
Hereditary diffuse cancer accounts for only 1 to 3 percent of all stomach cancers and is difficult to detect, according to the National Cancer Institute. Doctors recommend that people with the CDH1 mutation have their stomachs removed, which causes lifelong symptoms. If the cancer spreads, treatment is more difficult and the five-year survival rate is less than 20 percent, according to the NCI.
Jason Diaz noted that he was diagnosed with cancer at age 32 in 2018 and had to have his stomach removed after chemotherapy failed. Two of her aunts, she added, died of gastric cancer after being diagnosed in their 40s.
The Diazes said they sought IVF treatment because they were both genetically predisposed to cancer: Jason to stomach cancer and Melissa to breast and ovarian cancer through a BRCA1 gene mutation.
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An egg retrieval procedure in June 2020 produced five embryos, according to the lawsuit. A report of the embryos included in the trial showed that only one embryo had none of the mutations Diaz was testing for. After the implantation of this embryo, Melissa Diaz had an early miscarriage.
This led the couple to order another implant.
According to the lawsuit, her IVF coordinator told Melissa Diaz via email that one of the embryos had the BRCA1 mutation but not the CDH1 mutation that causes stomach cancer. Because the risk of the mutation causing ovarian and breast cancer affecting a child was “significantly” lower, Melissa Diaz said, the couple decided to implant that embryo next.
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In fact, according to the lawsuit and a copy of the embryo report provided in the lawsuit, none of the five embryos were children with the BRCA1 mutation but not with the CDH1 mutation. This meant that the second embryo implanted into Melissa Diaz was a boy who had the mutation that caused stomach cancer.
According to the lawsuit, the couple only found out what had happened when their son was already about 10 months old, after Melissa Diaz began contacting another IVF coordinator about another possible implant procedure. embryo or egg retrieval.
The second coordinator sent the mother a copy of the original embryo report, which showed that the embryo that had been implanted was in fact an embryo carrying the stomach cancer mutation. The lawsuit alleges that the couple’s doctor knew they did not want to pass on the stomach cancer mutation, but proceeded with the implantation anyway.
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He also alleges that HRC then provided Melissa Diaz with another copy of the embryo report which, unlike the first report sent to the mother, excluded embryo classification, gender and handwritten notes about the embryos that had been implanted. . According to the lawsuit, this was an attempt by the HRC to cover up its mistake.
“It was shocking. My own medical provider changed my records. The fact that they tried to hide what they had done by changing my records showed that they knew they had done something wrong. wrong,” Melissa Diaz said.
The couple now fear what the future holds for their son, as well as the high costs associated with having his stomach removed.
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The lawsuit states that the child has an over 80% chance of developing stomach cancer that runs in his family. If this happens and your stomach needs to be removed, you will have to “radically” change your eating habits and deal with persistent nutritional deficiencies, chronic diarrhea and other lifelong difficulties that may prevent you from performing certain jobs or to participate in daily activities.
“He’s such a happy baby, and knowing the pain he has in front of him that he has to deal with because of something we’ve worked so hard to prevent, it crushes me, my soul hurts.” , said Melissa Diaz.
This story first appeared on Telemundo 52’s sister station NBCLA. Click on here to read this story in English.