Triplet mother sues fertility clinic

A mother of triplets is taking her IVF clinic to court

A woman who gave birth to triplets following IVF treatment is taking the clinic to court - claiming too many embryos were implanted.

Patricia Thompson, and her husband Peter, are claiming damages equivalent to the cost of bringing up the third baby.

I think two is more than enough for anyone to have

Patricia Thompson

The couple claim the clinic breached an agreement only to put back two fertilised embryos created with eggs and sperm.

At the High Court, sitting in Sheffield, Mrs Thompson, 34, told Mr Justice Hooper: "I think two is more than enough for anyone to have. I just wanted two babies or a baby."

"I wouldn't have wanted three implanting because of the consultation given in the beginning. The doctor explained so thoroughly the risk of carrying a third or fourth baby."

Since the birth of the triplets in 1997, the couple, from Thrybergh in South Yorkshire, have had a fourth child, conceived naturally and unexpectedly.

However, Mr Thompson, who is 57, has since suffered a heart attack followed by a bypass operation.

Sedatives given

Mrs Thompson claimed that sedatives given before the operation had an effect on her mental state before she was asked whether three embryos should be implanted.

Although only a small proportion of those women given three embryos following IVF actually go on to have a triplet pregnancy, the extra health risks associated with this are significant.

Modern guidelines recommend that no more than two embryos are implanted by fertility clinics.

Lawyers for the clinic, the Sheffield Fertility Centre, say that verbal agreement for the transfer of three embryos had been given by Mrs Thompson on the day of the procedure.

Mr Ronald Walker QC, for the clinic, said: "The replacement of three embryos, in order to maximise the claimant's chances of conception, was an exercise of clinical judgement which cannot be impugned.

"The risk of a triplet birth is a negligible one."

The proceedings are a legal test case because no-one has attempted to sue for breach of contract over an apparent "excess" of children following IVF treatment.

A previous case last year, dismissed by the House of Lords, ruled that parents had no right to compensation for negligence in such circumstances after fertility treatment on the NHS.