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一对夫妇起诉生育诊所,声称他们在试管婴儿混淆后抚养了另一对夫妇的孩子

2021-11-10 09:56   美国新闻网   - 

一对加州夫妇提起诉讼,声称他们得到了一个错误的胚胎,并生下了一个不属于他们的婴儿。

“这是一个可以避免的错误,”达帕纳·卡迪纳尔说早安美国。”“这本来就不应该发生。"

达普纳·卡迪纳尔和她的丈夫亚历山大在周一于洛杉矶提起的诉讼中说,他们两年前进行了体外受精,并怀上了一名女婴。

根据诉状,红雀在不知不觉中怀上了一个陌生人的亲生孩子,因为他们的胚胎与另一对夫妇的胚胎混淆了。

“两个胚胎都被植入了错误的女性体内,”诉讼称。“换句话说,达夫娜是被外科手术植入的——违背了她的意愿或知识——植入了一对完全陌生的男女的精子和卵子。与此同时,达帕纳和亚历山大的胚胎在达帕纳的移植手术后几周被转移到同一对夫妇,即第二对夫妇身上。”

亚历山大·卡迪纳尔告诉《GMA》,当他的妻子在2019年9月生下孩子时,他觉得有些事情不对劲。

“我只是没认出她来,”他谈到自己刚出生的女儿时说。“她长得不像我们俩。”

这对夫妇已经是一个大女儿奥利维亚的父母,他们说他们起初对自己的怀疑不屑一顾,但最终还是下令进行了基因测试。

PHOTO: Daphna and Alexander Cardinale pose together in an undated photo proved by Peiffer Wolf Carr Kane & Conway law firm.

佩弗·沃尔夫·卡尔·凯恩和康威通过美联社

佩弗证实,达普纳和亚历山大·卡迪纳尔在一张未注明日期的照片中合影...

“我不想做DNA测试,”亚历山大·卡迪纳尔说。“我有这些疑虑,并把它们压下去,但我也非常爱我们的女儿,所以这是一个不可能的情况。”

根据诉状,在第一次检测结果没有结果后,红衣主教们[说他们]进行了第二次DNA检测,证实了他们最大的恐惧。

根据这对夫妇的说法,第二次脱氧核糖核酸测试显示,他们中有99.9%的可能性都与婴儿没有遗传关系

“那天晚上,每个人都在床上睡觉后,我们终于崩溃了,我们就像,‘等一下。发生了什么事?,’”亚历山大·卡迪纳尔说。“如果她不是我们的,我们的胚胎在哪里?”

这对夫妇说,他们也担心失去他们在怀孕期间怀上的孩子,在她生命的头几个月里生下并抚养她。

“我们有了这个孩子,她是完美的,”达帕娜·卡迪纳尔说。“我们爱上了她,我只是害怕我们会失去她。”

红衣主教们说,他们请来了律师,经过长达数周的调查,发现另一个家庭已经生下了他们的亲生孩子。

“不知何故,他们看到了我们大女儿的照片,他们看到了这个婴儿,他们说,‘他们看起来真的很相似,所以她很有可能是你的,’”达普纳·卡迪纳尔回忆道。“所以每个人都做了DNA测试。”

根据诉状,DNA测试证实,一对住在几英里外的夫妇一直在抚养红衣主教的亲生孩子,也是一个女儿。据红衣主教称,几天后,这对夫妇亲自会面。

“我们错过了整个孕期。我们错过了分娩。我们错过了新生儿期,所以我们想尽可能多地了解这一点,”达普纳·卡迪纳尔说。“因此,我们真的在向对方讲述我们失去的东西,并对彼此有了一点了解。”

在与每个婴儿单独相处了几个月后,红衣主教们说,他们和另一对拒绝接受美国广播公司新闻采访的夫妇决定共同将每个婴儿送回他们的亲生家庭。

红衣主教们说,他们成为了亲生女儿佐伊的全职父母。

达芙妮·卡迪纳尔说:“和我的亲生女儿在一起,我认识她,我抚养她,我照顾她一生。“但佐伊我不知道。我不知道她是什么感觉,什么味道。我试图很快了解她,但我并不熟悉。”

红衣主教的诉讼称,婴儿互换的“长期后果”将“继续困扰他们整个家庭。”

“达帕纳和亚历山大的痛苦和恐惧并没有随着他们与女儿的团聚而减轻。这是他们余生都要面对的事情,”诉讼称。“他们和他们的大女儿都遭受了改变生活的情感伤害,需要持续的心理健康治疗。达夫纳和亚历山大的痛苦也表现在严重的身体健康问题上,他们仍在与这些问题作斗争。”

这对夫妇正在起诉加州生殖健康中心和他们的医生埃利兰·莫尔博士,红衣主教们在诉讼中声称他们的实验室将他们的胚胎与另一对夫妇的混合在一起。

“我们处在美国生育产业的西部,”红衣主教的律师亚当·沃尔夫告诉《GMA》“实际上没有规定。理发店和美甲沙龙比生育诊所有更多的规定。”

他补充说:“当生育行业出现错误时,会对相关人群产生改变生活的后果。

加州生殖健康中心和铁道部没有回应美国广播公司新闻的置评请求。

红衣主教们说,他们现在正在尽最大努力与其他父母和他们的亲生女儿组建一个更大的家庭,并继续每周见她一次。

VIDEO: Couple files lawsuit claiming fertility clinic mix-up

ABCNews.com

视频:夫妇提起诉讼,声称生育诊所混乱

“我一直带着负罪感,因为我放弃了一个我真正想要的、完全有能力照顾的孩子,即使我把她给了她自己的家人,即使这是不理智的,”达帕娜·卡迪纳尔说。“当我遇到佐伊时,我没有意识到她,不得不努力追赶,这让我感到很内疚,但归根结底,我们所能做的就是尽我们所能往前走。”

达普纳·卡迪纳尔说,她希望分享她的故事有助于提高人们对试管婴儿后可以采取的预防措施的认识。

她说:“我想让人们知道,有可能在你怀孕后进行检测,以确保你是所怀孩子的亲生父母。“有可能进行那些测试。就跟你的医生说吧。”

Couple sues fertility clinic alleging they raised another couple's baby after IVF mix-up

A California couple has filed a lawsuit claiming they got a wrong embryo and gave birth to a baby that was not theirs.

"This is such a preventable mistake," Daphna Cardinale told "Good Morning America." "It should never have happened."

Daphna Cardinale and her husband, Alexander, say in the lawsuit, filed Monday in Los Angeles, that they went through in-vitro fertilization two years ago and became pregnant with a baby girl.

According to the complaint, the Cardinales were unknowingly pregnant with a stranger's biological child due to their embryo being mixed up with another couple's.

"Both embryos were inserted into the wrong women," the lawsuit states. "In other words, Daphna was surgically implanted—against her will or knowledge—with the sperm and egg of a man and woman who were complete strangers to her. Meanwhile, Daphna and Alexander’s embryo was transferred to that same couple, Couple Two, a few weeks after Daphna’s transfer procedure."

Alexander Cardinale told "GMA" that when his wife gave birth in September 2019, he felt like something was not right.

"I just didn't recognize her," he said of his newborn daughter. "She didn't look like either of us."

The couple, already parents to an older daughter, Olivia, said they shrugged off their suspicions at first, but eventually ordered a DNA test.

"I didn't want to do a DNA test," said Alexander Cardinale. "I was having these doubts and pushing them down, but I was also so in love with our daughter, so it was an impossible situation."

According to the complaint, after the first test results were inconclusive, the Cardinales [said they] took a second DNA test that confirmed their worst fears.

The second DNA test, according to the couple, showed there was a 99.9% chance that neither of them was genetically related to the baby

"That night after everyone's in bed sleeping, we finally broke down and we were like, 'Wait a minute. What happened?,'" said Alexander Cardinale. "If she's not ours, where is our embryo?"

The couple said they also feared losing the baby they had carried through pregnancy, given birth to and raised for the first several months of her life.

"We had this baby and she was perfect," said Daphna Cardinale. "We were in love with her and I was just so scared that we were going to lose her."

The Cardinales said they obtained a lawyer and after a weeks-long investigation discovered that another family had given birth to their biological child.

"Somehow they saw a picture of our older daughter and they saw this baby and they're like, 'They look really similar, so there's a good possibility that she's yours,'" recalled Daphna Cardinale. "So everybody took DNA tests."

According to the complaint, the DNA tests confirmed that a couple who lived just a few miles away had been raising the Cardinales' biological child, also a daughter. A few days later, the two couples met in person, according to the Cardinales.

"We'd missed the whole pregnancy. We missed the birth. We missed the newborn period, so we wanted to know as much about that as possible," said Daphna Cardinale. "So we were really filling each other in on what we had lost and getting to know each other a little bit as well."

After several months of spending time alone with each baby, the Cardinales said they and the other couple, who declined to speak to ABC News, decided jointly to return each baby to their biological family.

The Cardinales said they became the full-time parents of their biological daughter, named Zoey.

"With my birth daughter, I knew her, I carried her, I nursed her for her whole life," said Daphne Cardinale. "But Zoey I didn't know. I didn't know what she felt like, what she smelled like. I was trying to learn her really quick but I wasn't familiar."

The Cardinales' lawsuit says the "long-term consequence" of the baby swap "continue to haunt their entire family."

"Daphna and Alexander’s pain and fear have not abated with their reunion with their daughter. This is something they will live with for the rest of their lives," the lawsuit states. "Both they and their older daughter have suffered life-changing emotional damages, necessitating continuing mental-health treatment. Daphna and Alexander’s distress has manifested in severe physical-health problems, too, with which they continue to struggle."

The couple is suing the California Center for Reproductive Health and their doctor, Dr. Eliran Mor, whose lab the Cardinales claim in the lawsuit mixed up their embryo with the other couple's.

"We're in the wild west of the American fertility industry," the Cardinales' attorney, Adam Wolf told "GMA." "There are virtually no regulations. There are more regulations that pertain to barbershops and nail salons than to fertility clinics."

"When errors happen in the fertility industry, it has life-changing consequences for the people involved," he added.

The California Center for Reproductive Health and Mor did not respond to ABC News' request for comment.

The Cardinales said they are now doing their best to forge a larger family with the other parents and their birth daughter, and continue to see her as often as once a week.

"I carry around guilt all the time for giving away a child that I really wanted and was perfectly capable of taking care of, even if I gave her to her own family, even if it's not rational," said Daphna Cardinale. "I carry around a lot of guilt for not recognizing Zoey when I met her and having to play catch up, but at the end of the day, all we can do is go forward the best we can."

Daphna Cardinale said she hopes sharing her story helps raise awareness of precautions people can take after undergoing IVF.

"I want people to know that it is possible to test after you're pregnant to make sure that you are the biological parent of the child you're carrying," she said. "It is possible to have those tests. Just talk to your doctors about it."

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