Friday Legal Updates – Surrogate Insurance, Colorado Legislation, Georgia Embryo Adoption Bill, Lost Embryos & Surrogacy

Happy Memorial Day Weekend to all Americans – whether here or overseas! I plan on taking off early today and spending Monday at home with my family.

Well, here are this week’s legal updates. Enjoy!

Los Angeles, CA – New Life Agency Continues to Trial Against Beitler Services in Pursuit of Payments fro Surrogate Maternity Claims – Press Release Here

http://www.newlifeagency.com/company/index.cfm?CFID=6778578&CFTOKEN=15897654

Colorado – Colorado Gay Couples Ok’d to Adopt – new legislation allows joint adoption of children by unmarried couples. Colorado is now the 10th state in the country to allow such second parent adoptions.

http://www.proudparenting.com/node/306

Georgia -The governor has signed and passed the nation’s first embryo adoption bill on May 18th. What do you think of this law and how it will affect those opting for embryo adoption/donation? What about the additional costs?

http://www.thevoicemagazine.com/headline-news/525-georgia-passes-nations-first-embryo-adoption-law.html

Massachusetts – Quincy Couple sue Boston Hospital over destroyed embryos – oops! This is not good.

http://www.wickedlocal.com/quincy/news/police_and_fire/x1125039411/Quincy-couple-sue-Boston-hospital-over-destroyed-embryos

“Destruction of the embryos amounts to gross negligence on the part of Brigham and Women’s Hospital and several members of its staff, the suit filed Thursday in Norfolk County Superior Court contends.

In a statement, the hospital said: ‘‘We are deeply sorry; we informed the couple as soon as we became aware and have apologized to our patient and her husband. We hold ourselves responsible for not ensuring the proper care of our patient’s embryos. We are improving our policies and procedures, adding an increased level of oversight to prevent this from happening again.’’

Julie Norton was diagnosed with rectal-colon cancer in 2001 at age 29, less than a year after the couple married.

The Nortons were told that the surgery and radiation and chemotherapy treatments Julie Norton had to undergo would greatly diminish her ability to have children, according to the suit.

The Nortons consulted with Dr. Elizabeth Ginsburg, the director of the hospital’s in vitro fertilization and assisted reproductive technology programs, and decided to harvest some of Norton’s eggs and cryo-preserve them after they were fertilized. ”

Queensland, AU – Altruistic Surrogacy to be decriminalized – this is a move to make it easier for gay and lesbian couples to become parents.

http://qlp.e-p.net.au/news/queensland-to-decriminalise-altruistic-surrogacy-2662.html

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One thought on “Friday Legal Updates – Surrogate Insurance, Colorado Legislation, Georgia Embryo Adoption Bill, Lost Embryos & Surrogacy

  • July 13, 2009 at 5:46 pm
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    To whom this might concern. My name is Toni Hollinger. I was a victim of this terrifying clinic Sher Institute For Reproductive Medicine. first of all I paid out of pocket. the care was so horrible. I was told that I had a certain amount of eggs and live embryo’s. then days later on the day I was to get the embryo’s transferred I was told that they all died on the same day. the doctor was so unprofessional he had no documents no pictures to even prove to me that I even had embryo’s. and when I asked for pictures he told me that he don’t take pictures of dead embryo’s are bad embryo’s. but how could that be? when you told me that I had live embryo’s and I never got a call to say that they were bad. then after taking all of high dosages of medication. and told him I was having complication he never had me to come in for a exam. what company would allow there doctors to only e-mail there patients? instead of them contacting them by phone. and these are doctors who we are trusting to care for us while going through an experience of depression . the staff is so fake and also unprofessional as well. they talk so highly of there services but you don’t get what you pay for. I believe at one time this clinic may have been a good clinic but they have forgotten what they are really there for . women are there for more than to give them all their money. this was a waste of my time and money. when I requested for my medical record since the doctor couldn’t not tell me what happen to my embryos and there were no pictures of my embryo’s and written documentation on them either. when I requested for my full medical record I received it with a copy of another patient file in my record the same person who he had e-mailed me calling me her name.then later on 14 days later a nurse called me on the phone asking me if my husband could come back in and give them another sperm sample after we paid them to freeze the first sample which we had more than we needed. I asked her what did she need it for she said for my embryo transfer.and this was after the embryos had supposed to have died. now I am hearing from the investigator from hippa saying that the doctors office is saying that I requested for my full medical records and then days later I called in and said that I only wanted the lab work. I only requested and talked to this clinic when the doctor couldn’t tell me what happen to my live embryos and my information and written documentations and pictures which the doctor didn’t have any of that. when I requested my medical records and when I received that incomplete file me and my husband went in to the office when he came in from Afghanistan and Talked to the Manager Karen Rodriguez about my incomplete medical record and to get his file. she yelled what do you mean incomplete that is all you have on file . so I went to talk to an attorney a couple days later he had me and my husband George Hollinger to sign his own request to our complete file the clinic came back with over 100 sheets but when I requested for the same complete file I received a different file also another patients file .and when the Medical board ask for the file they gave them a large file also even he gave them a total different medicine calendar than the one he gave me with very high dosages of medication . and other false documentations as well he is even wrote me saying that he don’t take pictures of dead embryos and bad embryos when the 3 embryos that I suppose to have had lived 5 days. he even told me that he had to get my husbands sperm approve through the FDA I called the FDA and spoke with a Representative about the FDA regulations on IV I was told that if he called them to get a clearance on my husbands sperm then he must have been a donor because they don’t have to call to get a clearance on couples.this doctor told me and my husband that he had to throw my husbands sperm away because he was infected with syphilis. the which I was not infected with it.he told us that he would have to go and see a infectious doctor. so we called our doctor after we hung up with Dr. Saleh. my doctor Christopher Short told us to come in. so we went in and told him what the doctor had told us.he called the infertility doctor Walid Saleh and ask him what was the amount of the disease. he told him o.1 percent. he said that isn’t a disease. doctor Saleh said that he was about to call the FDA and the health department. Dr. Short said that the FDA is going to tell you the same thing. but at this point the Dr. Saleh tells Dr. Short that he wanted my husband to be treated.my husband did not have a disease but did get those shots and went back to Afghanistan with antibiotics. 2 weeks later A nurse Mary Palmer called me from Missouri asking me was I ready and prepared to move on with the IVf for Sept 2007. I told her that Dr. Saleh threw away the frozen sample she said what! I told her that he said that my husband was infected with a disease.she told me that she would call me back and when she called back she said that Dr. Saleh said that he still had my husbands sperm. so later on I received a e-mail from the doctor saying that there was no need for me to be pointing the finger at anyone when we haven’t started the process.and that wasn’t his fault that we paid out of pocket and so many other thing. then he tells me that we could proceed with the IVF if my husband has been treated and I had to get the natural killer cells test. I wasn’t never informed from him nor the clinic that I was to suppose to have had thyroids. he had just had me to go get a physical and it was negative. so I went on and took the test and the test came back negative again.I called the office and asked If I could get my money back the rep Freda Simmons told me that if I had started the medication I couldn’t get my money back. so I went on with the procedure. on the day I came in for the sonogram to check on how many eggs did I have he told me that it looked like the medication didn’t work like he wanted it to he expected more than the eggs that I had because he gave me very high dosages of medication.I told him that he told me that all I needed was one egg.so the next day.I went in for a egg transfer. and three of the nurses ask me how was I going to do a transfer without my husband I told them when they asked that he was suppose to be somewhere thawing out. I had the nurse to go get my mom and told my mom what was said. then the nurse was checking my vital signs and told me that my blood pressure was way too high for them to perform the surgery.later I had to fill out a survey before going into the surgery room. which I though t was strange.the the anesthesiologist came in to get me to go in the surgery room he checked my blood pressure and told me that it was way too high and if I wanted him to give me something for it I told him yes.the doctor was no where around.then he told me that when I say the doctor come through the door I wouldn’t be put to sleep. after I came out of surgery I was told by the nurses and the anesthesiologist that I had 7 good eggs. later the Dr Saleh came in and told me that there was only 4 eggs he took off my ovaries. later the anesthesiologist came back in I told him what the Doctor had said he told me that he didn’t know why he told me that.the next day the doctor e-mailed me saying that he tried to reach me to tell me that there was 7 eggs and that 4 was good and that there was 3 embryos. I don’t know why I have been put through this emotional procedure. he took my money and treated me terrible.my name is Toni Hollinger he sent me a email calling me Tina which I thought that because my name was Toni then the incomplete record that they sent me had Tina information in it.I had no operative reports, nothing about my embryos, no pictures are nothing to do with the expensive procedure in it.there are many women with some of the same problems that went to this same clinic.one of the front desk clerks call me and told me that she was sorry that she couldn’t tell me because she was still working there and that I was never on the appointment list to have a Embryo transfer even after gave my eggs.now we are waiting on them to be born.through all I have been through I was heavily medicated, I have been left with pain in the joints from the lupron medication,had a breast reduction, I had fluid in my lungs, and I know have high blood pressure the doctor made my husband loose his job overseas.I filed a claim to the Texas Medical Board,it was investigated and sent to Legal.since then I have been told to get an attorney and file a lawuit but every lawyer I try to attempt to hire they can’t take my case because either I don’t have the information of the doctors displinary actions or that I have to call Texas Watch.I called them they told me that Rick Perry passed a law on medical malpractice & and Libility Insurance,which I don’t understand it because we paid out of pocket because I insurance didn’t cover IVF. I still can’t find anyone to represent me before my statues run out on me I am a innocent person,why should I have to except this when it is wrong? How am I being left with a disability and a disease? when I had a good bill of health.I can’t see why I have to suffer for the doctors action and neglect harming me when I was in his care. my e-mail is burkspln123@yahoo.com who should contact for answers?

    Thank You sincerely Toni Hollinger

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