IVF Mishap Leads To GA Woman Delivering Wrong Baby: Lawsuit

SAVANNAH, GA — A Georgia woman is suing Coastal Fertility Specialists after claiming the Savannah clinic implanted her with the wrong embryo during in vitro fertilization, according to the law firm Peiffer Wolf Carr Kane Conway and Wise.

The firm is representing Krystena Murray, 38, of Savannah. The civil lawsuit was filed Tuesday in the State Court of Chatham County.

Murray, who is white and who selected a white sperm donor, gave birth to an African-American baby boy on Dec. 29, 2023, according to the firm and the lawsuit obtained by Patch.

A stunned Murray, who bonded with the child, wanted to keep him; however, she was forced to give up the baby after five months, according to the lawsuit.

Her journey to get pregnant spanned two years prior to giving birth, 11Alive reported.

"The birth of my child was supposed to be the happiest moment of my life and honestly, it was, but it was also the scariest moment of my life," Murray said in an 11Alive report. "While my child was born healthy and he remains the most beautiful human I will ever lay eyes on, it was immediately apparent that something did not go to plan at the fertility clinic."

It was Coastal Fertility's web messaging that reassured Murray her embryo would be safe with the clinic, according to Peiffer Wolf.

After months of testing and appointments, and being prescribed drugs for the stimulation of egg development and ovulation, Peiffer Wolf said Murray was implanted with an embryo in May 2023 and later delivered the child.

"He quickly became her best friend, her daily companion, and her source of strength. Yet, Krystena’s new life with her baby boy was full of anxiety. Every time the doorbell rang, she worried it would be someone who was there to take her child away," stated Peiffer Wolf in a news release.

At Murray's request, a January 2024 DNA test confirmed the baby boy was not biologically related to her, Peiffer Wolf stated.

After Murray gave birth, Coastal Fertility discovered the mishap and alerted the biological couple of the child, according to the lawsuit. The couple then sued Murray in family court for child custody.

Murray was forced to give up the baby in May 2024, and his name was changed on the birth certificate to a name chosen by the couple, according to the lawsuit. The child lives in another state with the couple, away from Murray, the lawsuit stated.

A second DNA test confirmed the biological parents of the child, Peiffer Wolf stated.

“This has destroyed me," Murray said in a news release. "I’m heartsick; I’m emotionally broken. Nothing can express the shock and violation upon learning that your doctor put a stranger’s embryo into your body. To carry a baby, fall in love with him, deliver him and build the uniquely special bond between mother and baby, all to have him taken away. I’ll never fully recover from this.”

Murray is suing Coastal Fertility to ensure misfortune, such as the one she said she experienced, does not happen to someone else, Peiffer Wolf stated.

“Coastal Fertility Specialists made a very serious error, and the consequences are life-altering," attorney and law partner Adam Wolf said in the release. "This should never happen in a fertility clinic. Unfortunately, the United States does not have meaningful fertility industry oversight. Until IVF clinics are subject to real regulations, reporting requirements and mandatory certification programs for lab staff, these mishaps will continue to occur.”

In a statement sent to Patch, Coastal Fertility said no other patients were impacted by the incident. Representatives said an in-depth review was conducted on the day of the error and more safeguarding was initiated for further patient protection.

The clinic's statement read:

"Coastal Fertility Specialists deeply regrets the distress caused by an unprecedented error that resulted in an embryo transfer mix-up. While this ultimately led to the birth of a healthy child, we recognize the profound impact this situation has had on the affected families, and we extend our sincerest apologies.

To clarify, all of Ms. Murray’s embryos have been accounted for and are available to her at any time. Our commitment remains to supporting all impacted families with transparency and compassion.

We’re a family business dedicated to helping individuals and couples build their families. It’s for that reason that we hold ourselves to the highest standards of care and responsibility. This incident, while isolated in our 15-year history, does not reflect the level of excellence and trust we strive to uphold.

... These additional measures reinforce our already stringent protocols and reflect our commitment to patient safety, transparency, and trust. We are doing everything we can to make things right for those affected by this incident. We will continue to uphold the integrity of our practice and our commitment to supporting families in their journey to parenthood."