Jason and Melissa Diaz: California couple sues IVF clinic HRC Fertility after son is born with rare cancer gene
PASADENA, CALIFORNIA: A heartbroken California couple is suing a high-end fertility clinic after their negligence caused the pair's son to be born with a devastating rare stomach cancer gene they had planned to prevent. Jason and Melissa Diaz, accuse HRC Fertility of implanting an embryo carrying the CDH1 mutation without their knowledge, the lawsuit filed in Los Angeles County Superior Court stated.
The Diazes son was born in September 2021, currently has an 80% chance of developing hereditary diffuse gastric cancer, and will need a preventative gastrectomy, or stomach removal, the suit claims. “Every day my heart is hurting for my baby boy knowing the pain and challenges he has ahead of him,” Melissa said, according to New York Post.
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'[They thought they had] broken the curse'
Jason and Melissa decided to go through IVF genetic screening because both carry risky genetic malformations. Melissa carries BRCA-1, which presents a higher risk of breast and ovarian cancer, and Jason has the CDH1 mutation, which is linked to hereditary diffuse gastric cancer, CBS reported. In 2018, Jason was diagnosed with gastric cancer, for which chemotherapy was unsuccessful before he decided to undergo a gastrectomy that left him with a lifetime of food and digestive complications. The pair decided to save their future child the misery and sought HRC Fertility in Pasadena.
Furthermore, by December 2018, the pair met with Dr Bradford Kolb, a reproductive endocrinologist, noted on the HRC website for “helping to develop and implementing cutting edge technologies in the genetic screening of embryos.” “From the beginning, [the couple] expressly advised HRC Fertility, its employees, and Dr. Kolb that they sought IVF with preimplantation genetic testing to avoid having a child with Jason’s CDH1 mutation for hereditary diffuse gastric cancer,” the lawsuit states, according to the Daily Beast.
The pair had five viable embryos, and except for one, all of the remaining embryos carried either BRCA-1 or CHD1. A clear embryo with no mutations was implanted in August 2020, but sadly, the pregnancy resulted in a miscarriage. So Jason and Melissa decided to implant a male embryo with the BRCA-1 mutation in January 2022, assuming there is less risk for a male to develop breast cancer. By September, Melissa gave birth to their son and the "[Pair thought they had] broken the curse that had doomed other family members to cancer and early death,” the complaint states.
'I wouldn’t want anyone on Earth to experience this type of pain!'
However, tragedy unfolded when Melissa asked the IVF coordinator for the embryo report for their son, now a “happy, joyful boy," but was shocked to find out the hospital had deceived her after the result showed the child carried both the breast and stomach cancer mutations, the suit alleges. Melissa claimed HRC eventually called and admitted there was an error in the process. Still, the pair now believe Kolb did not transfer a male embryo without the CDH1 gene because that mutation-free embryo did not exist. Nevertheless, HRC Fertility shifted the blame by saying the couple got genetic testing outside of the facility, and that the clinic aided the actions of its medical staff.
“They wished to have a male embryo transferred, which we carried out according to the family’s explicit wishes and in accordance with the highest level of care,” the spokesperson told the outlet. At a press conference, emotional Jason and Melissa discussed the consequences of HRC's alleged action on their son’s future. “We went through the difficult and expensive process of IVF so we could spare our children what Jason has had to endure,” Melissa said. “[Our son is] just such a happy baby, and to know the hurt in front of him — that he has to face for something we tried to prevent — it crushes me.”
“I wouldn’t want anyone on Earth to experience this type of pain, and now I will be forced to watch my own son — my own flesh and blood — go through this." Jason and Melissa's son will require a preventative stomach removal to avoid cancer himself. The pair have decided to wait until their son is finished developing, as a premature gastrectomy could cause physical and cognitive issues, the Daily Beast said. The lawsuit is seeking financial compensation for emotional distress and future lost wages and medical care.