Second IVF bungle admitted by major Australian clinic
Samantha Donovan: First this evening, a major Australian in vitro fertilisation clinic has admitted once again to mistakenly transferring the wrong embryo to a patient. It's the second time in three months that Monash IVF has admitted to making an error. In the earlier incident, a Queensland woman unknowingly gave birth to somebody else's baby. The news has prompted an outcry, with those currently going through IVF calling for better regulation of the sector. Rachel Mealey reports.
Rachel Mealey: It seems an unlikely place to admit to a mistake like this, but because Monash IVF is a listed company, it made the announcement to the Australian Stock Exchange. The statement said it had mistakenly implanted the wrong embryo in a patient. Victorian Health Minister Mary-Anne Thomas says the mistake is unacceptable.
Mary-Anne Thomas: So it appears that Monash IVF, which is a private fertility service here in Victoria, has not followed the treatment plan that was agreed with a couple that are receiving treatment from them. Now this is completely unacceptable.
Rachel Mealey: Today's admission comes just two months after Monash IVF said it was responsible for a Brisbane woman giving birth to a baby who was genetically unrelated to her. In the latest incident, a patient's own embryo had been implanted instead of one created from her partner's egg. Mary-Anne Thomas says the Victorian Health Regulator will begin an immediate investigation.
Mary-Anne Thomas: This will be quite devastating for the couple at the heart of this. I mean, we all know that the IVF journey can be a very long, torturous one. It can be very expensive as well. And to not be respected, not have your treatment plan followed, I can't even really imagine how that couple are feeling right now. But I want them to know that my thoughts are with them.
Rachel Mealey: The Federal Health Minister Mark Butler has also flagged more regulation of the IVF sector and says he's put the topic on the agenda for this week's Health Ministers' Meeting. Associate Professor Alex Polyakov is the Medical Director of Genea Fertility and a fertility specialist from the University of Melbourne.
Alex Polyakov: I do know that all the labs in Victoria and in Australia in general would have very similar protocols for these things. There are two embryologists identifying all biological samples when they're transferred. We check with the patient when the embryo is about to be transferred. And so I still feel that the system, while it may appear to be broken, actually works very well. But unfortunately those two incidents came to light in a very short period of time.
Rachel Mealey: He says the latest incident involves a same-sex couple who've both generated embryos, and that's added a layer of complexity to the case.
Alex Polyakov: What I can understand from the media release from Monash is that they both had IVF and created embryos from both sets of eggs. And the embryos usually belong to a couple. And so then they express the preference for a particular embryo to be transferred to one of the partners. And that instruction may not have gotten through unaltered from the doctor to the lab or from the lab to the patient. And so the couple received their own embryo. It just wasn't from an egg that they specified.
Rachel Mealey: Sarah Jefford is a fertility law expert. She says systems need to be reviewed to reassure anyone currently going through IVF.
Sarah Jefford: I think the clinic and all fertility clinics really need to be concerned about making sure that their treatment is accurate. We're really playing with people's lives here and not just the patients themselves but any person born. And that there's not really a lot of room for error. I know that all clinics have their protocols for making sure they're using the right eggs and sperm and embryos. But when mistakes like this happen, they have lifelong consequences for everyone involved.
Rachel Mealey: She says there's room for a national regulator within the sector.
Sarah Jefford: At a national level, we don't actually have consistent laws around fertility treatment. Every state and territory has their own laws. And there is no national regulator in that respect. We do have the National Health and Medical Research Council which distributes ethical guidelines. But we also generally allow for clinics to manage their own protocols and treatment standards. We don't have anything at the national level that really regulates them.
Samantha Donovan: That's fertility law expert Sarah Jefford. That report from Rachel Mealey.
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Sydney Morning Herald
2 hours ago
- Sydney Morning Herald
‘Three strikes': Demands for answers over repeat Monash IVF bungles
'Clearly at some point in time, management is responsible because they are approving budgets and systems and everything else.' Victorian Health Minister Mary-Anne Thomas said she was open to reforms that would better safeguard patients as wider concerns over the regulation of Australia's fertility industry will be discussed by Australia's health ministers in Melbourne on Friday. 'We have recently reformed the way in which we regulate fertility services, including Monash IVF, and an investigation has commenced into what went wrong here in Melbourne,' Thomas said. 'When we're thinking about fertility care, it's such an emotional rollercoaster for so many families and people seeking to either start or grow a family, and I want to ensure that we've got regulation that's fit for purpose, and that people can have confidence in these private fertility services in which they invest so much money.' The Victorian Health Regulator has launched an investigation into the embryo mix-up at Monash IVF's Clayton clinic. Loading But Swinburne University senior lecturer in corporate law Helen Bird said the sharemarket might deliver a far quicker verdict. 'The signs aren't good that they [Monash IVF] took this seriously at the start,' she said. 'They all point to poor risk management, but they also point to poor oversight by the board. 'The board may have its justifications, but after you've done it three times, with three major issues across two states at least, then you've got more than just the odd mistake going on here. You've got a systemic issue to deal with.' Monash IVF Group's board refused to provide a statement of confidence in the company's management when asked to do so by The Age on Wednesday, saying it would not comment beyond information already released to the ASX. Australian Shareholder Association chief executive Rachel Waterhouse said Monash patients would have concerns, while investors will be asking questions about the company's oversight. 'It's a concern, because you've got to trust in management, you've got to trust in the board, and mistakes in other organisations could have quite different outcomes, but this has a huge effect on trust,' Waterhouse said. While Monash IVF Group's price increased slightly to 62¢ on Wednesday, it is still a long way from its $1.42 value in August 2024, as well as the $1.09 at which it was trading before news broke of the Brisbane embryo error on April 11. 'The price has dropped because the market lacks confidence in the current management and governance of the company. The market reacts very quickly, it's much more powerful than the law in this regard,' Swinburne's Helen Bird said. Loading 'So what the major investors are doing, I imagine, is knocking on the door and saying, 'please explain, please give us some confidence that you can get on top of these issues going forward'.' Head of medical negligence at Maurice Blackburn Tom Ballantyne said the string of issues at Monash IVF demanded stronger action by regulators. 'It's three incidents in a couple of years and all of them raise concerns about the fundamental processes in the organisation,' he said. 'Fertility treatments are provided commercially, but it's a health service and a public good and needs to live up to that, and the government and Safer Care Victoria need to ensure it does live up to that.' Compensation is typically only awarded in medical negligence cases when permanent harm can be proved, which is not the case where a person is denied the chance to have a child, or potentially when they give birth to an unintended child. Rather than result in compensation, Ballantyne said most cases are resolved by offering patients replacement or free IVF cycles, with little public accountability. 'The provider can avoid the scrutiny of an actual court case that occurs in other areas,' Ballantyne said. 'It's all done behind closed doors. And, you know, the deterrence or accountability the compensation otherwise provides, is lost.'
The Age
2 hours ago
- The Age
‘Three strikes': Demands for answers over repeat Monash IVF bungles
'Clearly at some point in time, management is responsible because they are approving budgets and systems and everything else.' Victorian Health Minister Mary-Anne Thomas said she was open to reforms that would better safeguard patients as wider concerns over the regulation of Australia's fertility industry will be discussed by Australia's health ministers in Melbourne on Friday. 'We have recently reformed the way in which we regulate fertility services, including Monash IVF, and an investigation has commenced into what went wrong here in Melbourne,' Thomas said. 'When we're thinking about fertility care, it's such an emotional rollercoaster for so many families and people seeking to either start or grow a family, and I want to ensure that we've got regulation that's fit for purpose, and that people can have confidence in these private fertility services in which they invest so much money.' The Victorian Health Regulator has launched an investigation into the embryo mix-up at Monash IVF's Clayton clinic. Loading But Swinburne University senior lecturer in corporate law Helen Bird said the sharemarket might deliver a far quicker verdict. 'The signs aren't good that they [Monash IVF] took this seriously at the start,' she said. 'They all point to poor risk management, but they also point to poor oversight by the board. 'The board may have its justifications, but after you've done it three times, with three major issues across two states at least, then you've got more than just the odd mistake going on here. You've got a systemic issue to deal with.' Monash IVF Group's board refused to provide a statement of confidence in the company's management when asked to do so by The Age on Wednesday, saying it would not comment beyond information already released to the ASX. Australian Shareholder Association chief executive Rachel Waterhouse said Monash patients would have concerns, while investors will be asking questions about the company's oversight. 'It's a concern, because you've got to trust in management, you've got to trust in the board, and mistakes in other organisations could have quite different outcomes, but this has a huge effect on trust,' Waterhouse said. While Monash IVF Group's price increased slightly to 62¢ on Wednesday, it is still a long way from its $1.42 value in August 2024, as well as the $1.09 at which it was trading before news broke of the Brisbane embryo error on April 11. 'The price has dropped because the market lacks confidence in the current management and governance of the company. The market reacts very quickly, it's much more powerful than the law in this regard,' Swinburne's Helen Bird said. Loading 'So what the major investors are doing, I imagine, is knocking on the door and saying, 'please explain, please give us some confidence that you can get on top of these issues going forward'.' Head of medical negligence at Maurice Blackburn Tom Ballantyne said the string of issues at Monash IVF demanded stronger action by regulators. 'It's three incidents in a couple of years and all of them raise concerns about the fundamental processes in the organisation,' he said. 'Fertility treatments are provided commercially, but it's a health service and a public good and needs to live up to that, and the government and Safer Care Victoria need to ensure it does live up to that.' Compensation is typically only awarded in medical negligence cases when permanent harm can be proved, which is not the case where a person is denied the chance to have a child, or potentially when they give birth to an unintended child. Rather than result in compensation, Ballantyne said most cases are resolved by offering patients replacement or free IVF cycles, with little public accountability. 'The provider can avoid the scrutiny of an actual court case that occurs in other areas,' Ballantyne said. 'It's all done behind closed doors. And, you know, the deterrence or accountability the compensation otherwise provides, is lost.'
News.com.au
3 hours ago
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