Couple Settles Lawsuit Over Embryo Mix-Up
By SAMUEL MAULL
Associated Press Writer
September 14, 2004, 8:22 AM EDT
NEW YORK -- A couple whose embryo was mistakenly implanted into an unwitting surrogate mother settled a lawsuit Monday against the fertility clinic doctor who made the mistake.
Robert and Deborah Perry-Rogers accepted the settlement just as jury selection was to begin in their suit. "It's a relief to have this behind us," the husband said. "Now we can move on."
The couple's lawyer said a confidentiality clause in the agreement barred him from revealing the settlement amount.
Deborah Perry-Rogers, then 33, and Donna Fasano, then 37, went to the New York clinic in 1998 to have fertilized eggs implanted into their uteruses. Perry-Rogers and her husband are black; Fasano is white.
Dr. Michael Obasaju admitted that he put some of Perry-Rogers' fertilized eggs into a catheter that was used to implant Fasano's embryos, according to court papers.
Fasano later gave birth to two boys, one white and one black. Perry-Rogers was implanted only with her own fertilized eggs; none of those produced a fetus.
The Rogerses sought custody of their baby after learning that Fasano had given birth, and were given the child five months later. The Fasanos' attempts to secure visitation rights were rejected by a court.
Copyright © 2004, The Associated Press
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