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Florida Mom Sues Central Florida IVF Clinic After Giving Birth to the Wrong Baby

Michael T. Flanagan, Esq.

A deeply troubling lawsuit filed in Central Florida is raising serious concerns about oversight, safety, and accountability in the fertility treatment industry. A Florida mother is suing a Longwood-based IVF clinic after discovering that the baby she carried and gave birth to was not genetically hers or her husband’s, according to court records obtained by News 6.

According to the lawsuit, a married couple—identified anonymously as John and Jane Doe—began working with the Fertility Center of Orlando in March of last year to pursue in vitro fertilization (IVF).

The complaint alleges that:

  • Jane Doe underwent an embryo transfer believing the embryo was created using her and her husband’s genetic material
  • She carried the pregnancy to term and gave birth to a baby girl just weeks before Christmas
  • After the birth, the couple noticed the child’s appearance did not align with their expectations, prompting further concern
  • Genetic testing revealed the baby has no biological relationship to either parent

The lawsuit describes the discovery as devastating, not only because the child was not genetically theirs, but because of the possibility that one or more of the couple’s embryos may have been implanted into another patient, who could now unknowingly be raising their biological child.

Despite the shock and heartbreak, the couple has stated that they love the baby deeply and would continue caring for her. However, they also acknowledge that the child has genetic parents who may be unaware of what occurred, and that the situation raises urgent ethical and legal questions.

According to the lawsuit, the couple attempted to contact the clinic to understand what went wrong and to identify the child’s biological parents—but allegedly received no meaningful response.

The lawsuit seeks emergency court intervention, including orders that would require the clinic to:

  1. Notify other patients who may have been affected by an embryo mix-up
  2. Pay for genetic testing for relevant patients and children over the past five years
  3. Disclose any known discrepancies in parentage for births resulting from embryo implantation during that time

The couple’s attorney described the situation as “heartbreaking and unexplained,” stating that their clients are living with the unbearable possibility that their own biological child may be unknowingly raised by strangers.

IVF Errors and Medical Negligence Under Florida Law

Errors involving embryo handling, storage, labeling, or implantation may give rise to medical malpractice claims, negligence, and potentially wrongful birth or reproductive negligence claims under Florida law.

Cases involving IVF errors often center on:

  • Failure to follow proper laboratory protocols
  • Inadequate safeguards to prevent embryo mix-ups
  • Poor recordkeeping or identification procedures
  • Failure to promptly disclose known errors

Beyond emotional trauma, these cases involve profound legal issues surrounding parental rights, custody, genetic lineage, and lifelong psychological harm to families and children.

When medical institutions fail to self-report or cooperate after catastrophic errors, affected families may have no choice but to seek court intervention to uncover the truth.

Independent investigations can help determine:

  • How the error occurred
  • Whether systemic failures affected multiple families
  • Who is legally responsible
  • What safeguards failed—and how future harm can be prevented

These cases are also time-sensitive, as records, samples, and data must be preserved before they are altered or lost.

How Flanagan & Bodenheimer Represents Families in Medical Negligence Cases

At Flanagan & Bodenheimer Injury & Wrongful Death Law Firm, we represent individuals and families harmed by serious medical negligence, including complex and emotionally devastating cases involving reproductive medicine and medical errors.

Our firm intentionally limits its caseload so clients work directly with experienced attorneys. We handle:

  • Medical malpractice and catastrophic injury cases
  • Wrongful death and complex liability investigations
  • Cases other firms decline due to complexity

There are no upfront costs. We only recover fees if we recover compensation.

If you or your family has been affected by a serious medical error, IVF mistake, or healthcare negligence, you deserve answers—and accountability.

📞 Contact Flanagan & Bodenheimer Injury & Wrongful Death Law Firm for a free, confidential consultation. We represent families throughout Orlando, Longwood, Central Florida, and statewide.

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