Monash IVF settles negligence class action after healthy embryos destroyed

Families left devastated after an IVF bungle that saw their healthy embryos potentially destroyed have settled a massive class action.

Monash IVF Group Limited, Repromed and other related entities have agreed to a historic multimillion-dollar payout to more than 700 people registered to the class action, the Herald Sun reports.

The total, including costs, is $56 million — understood to be the largest class action payout for negligence by an IVF provider.

The families, who had turned to the medical group to help them conceive, had agreed to a new service offered at the time for “add-on” pre-implantation genetic chromosome testing known as a niPGT-A test.

But the test proved unreliable and the class action claimed patients were lied to about its effectiveness and that in the process of testing, healthy embryos were thrown out after they were incorrectly identified or labelled as abnormal.

“I have to live my life wondering if I missed my chance at expanding my family because of this,” a woman who remained anonymous told the Herald Sun in another interview.

“There needs to be some ­accountability about how the decision was made to roll out a technology that wasn’t ready.”

Despite the huge settlement agreement, Margalit Injury Lawyers — who filed the class action — said compensation won’t heal those affected but would help.

“It is significant recognition of tangible harm caused to patients who so desperately wanted to have a family,” Michel Margalit said.

“This ought to be a wake-up call for the IVF industry worldwide. Patients undergoing IVF treatment are undergoing serious medical procedures that cannot only harm their physical condition but their mindset and their mental health at a time when they are vulnerable.

“Sub-standard IVF care will not be tolerated and there will be real consequences where IVF providers do not put the interests of patients at the forefront of their framework.”

Monash IVF group confirmed the settlement agreement had been reached but was waiting for it to be formally approved by the court.

“While we have defended the claim, we believe it is in the best interests of our patients and people to resolve the matter rather than go to trial,” a statement said.

“We acknowledge this case has been challenging for many people and we regret any distress or hurt that may have been experienced.

“Achieving the best possible outcomes for our patients has always been and continues to be our absolute focus and mission.

“We will be making no further comment while we await formal approval of the settlement by the Supreme Court of Victoria.”