Medical Verdicts

Woman delivers twins: one white, one black


New York County (NY) Supreme Court

A 37-year-old white woman was implanted with what she thought were her own fertilized embryos. Her husband, who contributed the sperm, was also white. She gave birth to 2 healthy baby boys: 1 white and 1 black.

Further investigation revealed that the plaintiff had inadvertently received an embryo from a black woman who was present at the clinic at the same time for fertilization with her own embryos.

The black infant was returned to his parents 5 months after delivery, but a custody suit ensued. The embryologist admitted he had inserted some embryos from the black woman into the catheter that was used to implant the white woman.

  • A confidential settlement was reached.
The cases in this column are selected by the editors of OBG Management from Medical Malpractice Verdicts, Settlements & Experts, with permission of the editor, Lewis Laska, of Nashville, Tenn ( While there are instances when the available information is incomplete, these cases represent the types of clinical situations that typically result in litigation.

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