IVF Patients File Lawsuits Against Genetic Testing Companies Over Alleged Misleading Claims
Two genetic-testing companies based in New Jersey are facing class action lawsuits from in vitro fertilisation (IVF) patients who claim they were misled about the health of embryos, resulting in the discarding of potentially viable ones. The lawsuits, filed against Genomic Prediction and CooperGenomics, centre on allegations that the companies made unsupported claims about a genetic test known as PGT-A, which is used during IVF to screen embryos for chromosomal abnormalities.
Allegations of Inaccurate Marketing and Financial Impact
According to attorney Allison Freeman, who represents the plaintiffs, the companies marketed PGT-A with assertions about its accuracy, effectiveness, and ability to improve IVF outcomes, which were not adequately backed by scientific research. The suits allege that Genomic Prediction and CooperGenomics have known for years that their tests are less accurate than advertised, with claims of 98-99% accuracy being misleading. This deceptive marketing, the complaints state, allowed the companies to profit millions of dollars annually while impacting patients' financial decisions and embryo disposition choices.
PGT-A testing, which can cost thousands of dollars and is rarely covered by insurance, is designed to reduce miscarriage risks by identifying extra or missing chromosomes in embryos. However, the lawsuits argue that some embryos discarded after receiving abnormal test results may have been viable, leading to emotional distress for patients like Maureen Ewing, who described the experience as "crushing."
Broader Implications for IVF Patients and Industry Standards
The legal actions highlight broader concerns about the regulation and validation of genetic testing in reproductive medicine. With hundreds of thousands of women undergoing IVF annually and over 100,000 babies born through the procedure in 2024, the stakes are high for ensuring accurate information. Freeman emphasised that the core of the claims extends beyond embryo disposition to include the financial and decision-making impacts on patients, who relied on the companies' representations during a vulnerable time.
In response, a spokesperson for Genomic Prediction stated that the company is committed to providing evidence-based information and stands by the integrity of its work, though they declined further comment due to the active legal matter. CooperGenomics has not yet responded to requests for comment. Both lawsuits are seeking damages and a jury trial, underscoring the potential for significant repercussions in the fertility industry.
