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Sorry Works! Blog

Making Disclosure A Reality For Healthcare Organizations 

Fertility Clinic Loses Embryo; Won't Talk; Splattered All Over News + Potential Lawsuit

A Memphis, TN couple traveled to St. Louis, MO and spent $70K on IVF treatments at a "renowned" infertility clinic, only to allegedly have said clinic lose their embryo -- and then slam the door in their faces, and the faces of local media and legal counsel. 

This is the story that is being told in St. Louis about the Gorman family, the Infertility Clinic of St Louis, Dr. Sherman Silber, and St Luke's Hospital.  The story has made local news and even People Magazine.  The Gormans claim that immediately prior to a second embryo transfer, with Mrs. Gorman wearing a hospital gown, the physician abruptly informed the couple that the transfer would not happen because their embryo has been misplaced.  And that was it.  According to the Gormans, their attorney, and local news, the fertility center and hospital have gone radio silent.  Phone calls and messages are not being returned. 

What Legal Eagle or dunce from claims dreamed up this disaster?  This very moment a desperate couple is scanning the Internet to learn all about the "renowned" Infertility Clinic of St. Louis and, wait a moment, "Honey, read this story...they lose embryos!!  Scratch these guys off the list!!!"  The reputational damage is enormous.  

This case was prime for disclosure and apology.  Profusely apologize. Do a thorough review, and own and fix any mistakes in your processes -- and be completely transparent with the family from start to finish. Show the couple you have learned and improved because of their suffering.  Refund all their fees and expenses. Make a reasonable offer for pain & suffering.  And discuss options and potential next steps with the family.  Do they want to try IVF again with your clinic, or with another clinic?  Offer the services free through your clinic, or be willing to pay the fees for another clinic.  Or they do want to explore adoption?  Again, you will pay all reasonable fees and expenses.  You will make the best of a tragic situation.  And, yes, at some point, get the couple to sign a waiver.  And if the media calls put your hat in hands and tell the truth; it's hard for reporters to play "gotcha" with honest actors.  And maybe the family will be your biggest defenders and supporters.

Why does this have to be so hard?  

Sincerely,

- Doug

Doug Wojcieszak, Founder
Sorry Works!
618-559-8168 
doug@sorryworks.net 

Doug Wojcieszak