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09/21/2007

I will also be boycotting my own advertisers forthwith

Several of you have pointed me towards the story of an Australian woman, now a mother of twins via IVF, who is suing her doctor for transferring two embryos when she asked for only one, and asked me what I think.  Given how well such essays of mine have gone over in the past, I am forced to conclude that you enjoy watching me expose myself as the judgmental ass I can occasionally be.

Well, who am I to say no to such an irresistible invitation?

Here's what happened — just the facts, which are undisputed.  The woman, whose name has not been published, had been pursuing parenthood with her female partner for some time.  After three unsuccessful IUIs, they turned to IVF.  According to their testimony, they told their doctor they only wanted one child.  Just before the mother was sedated for embryo transfer, she asked that only one be transferred.  The doctor warned her that even with a single-embryo transfer, there was still the risk of conceiving twins.  "Do not even joke about it," she said.  "I only want one."

Hilarity ensued when the doctor — Oops! Fuck! — transferred two.

The doctor doesn't dispute the couple's testimony and admits to the mistake, which occurred when he failed to communicate the couple's wishes to the embryologist who loaded the catheter.  He is being sued for almost A$400,000 — the couple's estimated cost to raise one of their daughters to the age of 21.

Now, having opinions is a dangerous hobby, not for the faint of keyboard.  Normally when I post my reactions to news item pertaining to fertility treatment, I manage to offend, oh, let's say about a third of you.  This time I'm shooting for a healthy 85, maybe 90%, somewhere in that neighborhood.  You might want to stand back while I do my thing, because almost everything about this case makes me fucking crazy.

First off, do you know what?  I'd sue, too, if I woke up pregnant with dizygotic twins after explicitly asking that only a single embryo be transferred.  In my case, I'd be suing not for the cost of raising a second child but rather the cost of a fetal reduction, because, uh, I wasn't kidding, Doctor: I really only want one.  So I'm with them as far as that goes, whether their reason for requesting a single-embryo transfer was related to matters of health, as my own would be, or of convenience.

However, I am uncomfortable expressing any understanding for the parents' position because, lordy, do they seem like a couple of assholes.  They claim that the mother who carried the twins has — get this — lost some of her ability to love — wait, lemme look and see how many twin moms are nodding in rueful agreement — and that they can no longer function as a couple because their everyday lives have been taken over by the day-to-day demands of child-rearing, a fate from which I suppose we carefree parents of singletons are exempt.  They claim they were traumatized by the act of purchasing a double stroller, for God's sake.  How can I not think they're hateful?

And yet.  I've seen the suggestion that if they'd really only wanted one — see above, Doctor, I mean it — they'd have reduced.  Or they'd have placed one of their daughters with an adoptive family (a path the women considered but rejected as being unfair to both children).  Or they'd have adopted a child themselves, that being the only way to be absolutely certain of having a singleton.  I read these statements and it makes me want to defend them again, because what a shitty, shitty choice to have to make, all because someone else was careless.

But that little surge of compassion doesn't last long, because I keep coming back to the inevitable: Someday these girls, the daughters, are going to know that their parents were so offended by the mistake of their very existence that they felt someone should be made to pay.  That their parents were eager to face the court and say not "We are requesting that the doctor face professional censure," but "Here's what we're owed for experiencing the terrible disappointment of becoming our daughter's mother."  See?  Assholes.

And then I have to feel sickened and sorry that this case will surely be used as ammunition by those who would bar same-sex couples from trying to become parents.  That the case involves a lesbian couple is, to my mind, irrelevant.  (All that fact proves is that lesbians can be assholes, too.  Those of us concerned with establishing real equality must gracefully concede that we have, after all, gained some ground.)

So when I think about this case, I basically end up het up and pissed off at everyone involved: the doctor who was so unthinkably careless; the couple who are so grossly unsympathetic; the people who say — yes, really — that the couple should shut up and be grateful they got pregnant at all; and the small-minded bigots who would use this as proof that gay people are unfit to be parents.  I'm even pissed off at myself, if you want to know the truth, for being so goddamned judgmental.

I guess that means I have to count myself in that lucky 90%.  Will the tiny unoffended remainder, you gentle 10-to-15-ers, please turn off the lights when you leave?  As irritated as I am, I may never read this blog again.

Posted by Julie at 04:35 PM in Jane, you ignorant slut | Permalink

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» Catching Up from Raising WEG
Sarah V. at Good Enough Mum asked me about the couple in Australia who are suing their doctor over a 2-embryo IVF transfer. Julie at A Little Pregnant raised the issue a few days ago, and she has good links [Read More]

Tracked on Sep 27, 2007 9:49:53 AM

» Maybe I'll just boycott the yams from Good Enough Mum
Before getting pregnant this time around, I spent a lot of time thinking about the pros and cons of having twins. As time-wasting pastimes go, I had to admit that this one was somewhere up there just below watching paint [Read More]

Tracked on Oct 7, 2007 5:35:44 PM

Comments (229)

Well, shoot, I dunno. I agree with everything you just wrote. Sorry to skew your projected numbers.

It's an upsetting situation. I feel for the parents but dislike them all the same -- mainly for the fact that their twins will someday know that one of them wasn't wanted and that their parents wanted somebody to pay (literally and figuratively) for letting twins ruin their lives.

Those parents need to grow up a bit. There are far, far worse tragedies to befall people than two little children.

Posted by: stephanie at Sep 21, 2007 4:44:39 PM

I agree. How could I be offended? Think you explored all of the reasons this situation completely sucks quite well.

Posted by: LMM at Sep 21, 2007 4:46:52 PM

I totally agree! It's a complicated issue, but you've summed up my feelings quite well. They're all assholes, they should give the babies to me.

And here you thought you'd piss us off... Sheesh...

Posted by: Amy at Sep 21, 2007 4:47:07 PM

I agree that while the mistake was a bad one, they could have reduced. and I agree that the parents really need to grow up. And of course, I feel sorry for their daughters - as you said so well, what will it be like to know only ONE was a wanted child. now that is something to fuck with your brain.

Posted by: jb at Sep 21, 2007 4:53:08 PM

I agree with what you say. Were I queen...the doc would be de-doctored, fined and chastised by an all-infertile audience on Oprah. What an assat.

The two women are harder for me. They could have minimized their so-called damages by reducing like you say...and i hate them for what they are doing to their child. They are really going to have a hard time with the twins when they are teenagers..and to EVER claim that your child is a burden to the world is awful.

Posted by: Christina at Sep 21, 2007 4:57:08 PM

I agree with you as well, sweet Julie. Especially about the worst part being the kids will have to know about this when they get older. For God's sake, how can they look them in the eye?

So far there are 6 comments, all agreeing with you. So the 10 - 15% stat may surprise you and be incorrect.

Posted by: libby at Sep 21, 2007 5:00:53 PM

Well, don't forget the article that quoted one of the mothers as wishing one of the embryos would "just go away." Nothing like saying, in open court, that you wish one of your kids had never been born.

Clearly the doctor was in the wrong, but damn, the women suing are assholes.

I love how they felt that placing one of the children for adoption would be somehow unfair to them. Do they really think that the prospect of being raised by two resentful, unloving parents is such a great prize?

Posted by: akeeyu at Sep 21, 2007 5:01:19 PM

ugh! I would have agreed with their course of action if they weren't such assholes! You're right! I wouldn't mind the suing, even. I just can't deal with the way they are acting. I wonder if they have decided and named for the court record, which one is the unwanted one.

assholes.

Posted by: Cakes at Sep 21, 2007 5:03:03 PM

ok for statistical support...I disagree with them having to reduce the pregnancy.

there. a dissenter for you.

Posted by: Cakes at Sep 21, 2007 5:05:09 PM

I don't contend that they should have, either! Just that I, under my own unique circumstances, would have.

Posted by: Julie at Sep 21, 2007 5:09:52 PM

And then sued.

You know, for fun.

Posted by: Julie at Sep 21, 2007 5:10:17 PM

I absolutely agree. I have my ET tomorrow, and if they go nuts and implant 8 embryos instead of my requested 2, I will go apeshit.
However, these women do sound like asses. Those poor girls get to grow up knowing their mothers didn't want one of them. That sucks.

My solution? I want to offer them $50k for one of the children. They get money, don't have to raise twins, and I get a kid. Everyone wins!

Posted by: Janimal at Sep 21, 2007 5:21:11 PM

I whole heartedly agree with you on everything!
How awful for that one daughter to grow
up knowing her mothers did not want her.
What an awful and irresponsible thing to
say about one's child.
Sounds like the mothers are just looking
for some fast money, which they will get
for the doctor's error.
Poor daughters.

Posted by: Mellissa P. at Sep 21, 2007 5:31:04 PM

I am as offended by incompetant doctors as the next person, but what about the point made earlier that even a single embryo can produce twins? I understand that two are harder than one and raising twins is a totally different life experience than raising one. But I can't for the life of me understand how a couple desperate for children -- or anyone ready to become parents -- would not eventually come to see the second child as a blessing. Becoming a parent is a journey into the unknown, and I don't get these people who think they can plan every last step.

Posted by: Andrea at Sep 21, 2007 5:32:52 PM

I agree with everything you've said as well. (Does this mean that only 10% of your readers post comments?)

Posted by: Jenn at Sep 21, 2007 5:42:25 PM

I also agree. Everyone involved in that story sucks.

I hope the judge doesn't award the couple their dough ... and then I hope the unloved twin writes a tell-all book about what assholes her parents are.

Her advance for the book? A$400,000

Posted by: Patty at Sep 21, 2007 5:42:34 PM

The only part I disagree with is lumping in the possibility of them adopting as a "shitty choice." Reduction or placing a child for adoption because of the doctor's error is shitty, I agree. But if they were so concerned about the possibility of multiples, adoption may have been a better choice for them.

Posted by: Christine at Sep 21, 2007 5:43:41 PM

No one in this story is completely blameless, but I am particularly disgusted by the couple --even if the doctor is an imbecile, bla bla.

And if their parents are any indication, the children will probably grow up to be just as entitled as the parents.

I hope not, though. For society's sake.

Posted by: Madame M at Sep 21, 2007 5:47:35 PM

I wonder if in fact the parents, while rightly pissed off at their doctor for his carelessness, saw the opportunity to offset child-raising costs by suing - and that they are not just assholes for not considering the impact on their children of their reading this story in later years, but opportunistic money-grubbing assholes...

Posted by: Addie at Sep 21, 2007 5:50:12 PM

I'm glad I'm not the only one who was ambivalent about this case. I'm still reeling over the idea that this case is the reason that single-sex couples shouldn't be allowed to have IVF, though. There are plenty of hetero couples who are equally as proficient in their assholishness as this couple.

~C~

Posted by: Catharine at Sep 21, 2007 5:51:59 PM

Another one in agreement here - although I do have a comment about the court records. There are cases where parents sue a provider for not giving them information about a particular disease, and their basis for the suit is, "Had we known the extent of the disability, we would have terminated the pregnancy." Clearly this is a terrible thing for a parent to say about a kid - but it is the only way for them to sue for the cash, which is what they're going for; in those cases of course it's usually a disability that does cost a lot for treatment, so I understand (a little bit) why the parent would do it.

Posted by: Mo at Sep 21, 2007 5:53:00 PM

I'd be all agreeable with your commentary, 100% of the way, except for the fact that they SIGNED AN AGREEMENT that said one or two embryos should be transferred, and didn't bother to tell anyone specifically that they wanted only one embryo transferred in writing.

The doc's clinic procedures need revamping, yes, because apparently they told *him* the day before, at some point, they wanted only one embryo transferred. But that isn't in writing, and clinics make you sign your life away (or at least, my clinic did) before you get to transfer. Doc's procedures should be changed so that if a patient says "Oh, by the way, I want only one embryo transferred", you immediately get the clinic manager to fax a new agreement over for signing.

But in the meantime, if you (patient) want only one embryo transferred, don't sign an agreement saying "one or two". Period. End of story. Read what you sign, whether it's a mortgage agreement or an embryo transfer agreement.

Aside from that, the idea that this is some reason to bar gay couples from IVF is insanity. But people who have it in for gay couples already indulge in lots of insanity--what's more? I just hope rational folks don't listen.

Posted by: OmegaMom at Sep 21, 2007 6:02:52 PM

I agree with everything you said. The doctor could have performed the reduction (potentially at no cost to the couple) before the pregnancy progressed past the first trimester. That they chose to ignore this option seems to put much of the culpability back on the couple's shoulders.

While raising twins is not the same as a singleton, I really wonder how their relationship was going to 'survive' any child if they are so 'damaged' by this experience.

Posted by: RockeGrl at Sep 21, 2007 6:03:37 PM

Just a note. In news over here (AUS) it was reported that they are asking $500,000.

I agree with everything you said though. The whole situation is crap and I really feel for the little one once she grows up a little.

BTW are they going to 'choose' which embryo they didn't want? Or take it as it comes when the babies are born...

Posted by: Veronica at Sep 21, 2007 6:04:22 PM

Goodness - imagine if it magically became triplets. :(

Posted by: gg at Sep 21, 2007 6:05:41 PM

I have three words for the MD
...Are you stupid?

I have three words for the parents
...Are you stupid?

Nuf said.

Daisy

Posted by: daisy at Sep 21, 2007 6:12:50 PM

Good analysis.

It is a shitty, shitty case that has been absolutely tearing up the local media.

I wonder what they would have done had only one been transferred and split. Voila, MZ twins! It happens.

The irony is that my RE is all for single embroy transfers. Many are here. Two is not routine in many cases unless the patient asks for two.

Posted by: jodi at Sep 21, 2007 6:14:09 PM

In the link I read it said the woman had signed for two then at the last minute decided she only wanted one. The woman in this case takes some of the responsibility for making a last minute change. I agree with the rest of what you said, sorry didn't piss me off. They're just money grubbing, they had every opportunity to reduce and they know it.

Posted by: Amy at Sep 21, 2007 6:15:16 PM

They just sound litigious--hard to believe they're not American.

Posted by: Casey at Sep 21, 2007 6:24:26 PM

A very well-thought out response, Julie. I feel sorriest for the children, who will always wonder which of them the parents really didn't want. Poor kids. Hey, maybe they'll give one to me? I could use a daughter right about now.

Posted by: kristylynne at Sep 21, 2007 6:25:26 PM

I completely 100% agree!!! And I'm both a lesbian and sometimes an asshole! but these people are just ridiculous. Way to set it straight, Julie.

Posted by: Erin Rae at Sep 21, 2007 6:26:28 PM

My first thought when I read the story in the Australian press was: "Surely there's a bigger risk of twins with an IUI?". Would they have sued the doctor for not being able to count or something?

Posted by: mary at Sep 21, 2007 6:30:44 PM

But in the meantime, if you (patient) want only one embryo transferred, don't sign an agreement saying "one or two". Period. End of story. Read what you sign, whether it's a mortgage agreement or an embryo transfer agreement.

See, I don't think that's quite "end of story," really. I think up to the moment of transfer (or in this case, loss of consciousness) you still have the right to change your mind, and to have your wishes respected, especially if the doctor in charge acknowledges and accepts that request, as this one admits he did.

Posted by: Julie at Sep 21, 2007 6:32:15 PM

I also wonder how much of what the women said was due to advice from their lawyer. I mean, if their lawyer wanted them to win a case, wouldn't he/she suggest that they come up with a litany of complaints to bolster their case?

Still ... they're assholes for doing this to their own kids.

Posted by: kristylynne at Sep 21, 2007 6:34:31 PM

I agree with you Julie. Except what I think of the parents shouldn't be put in your comments. It isn't nice at all!

Posted by: Vanda at Sep 21, 2007 6:41:59 PM

Here I was all set to be offended, and had made plans accordingly, and then you go and make total sense. (I am now suing you.)

Posted by: Caustic Cupcake at Sep 21, 2007 6:53:07 PM

See, I agree with you too. They're assholes, who knows what I would have done but going on public record with how much of a burden my child is probably isn't on the list.

I was all set to be offended too, you just don't know us at all!

Posted by: Melody at Sep 21, 2007 7:03:00 PM

These two really sound like complete assholes. They should have put more thought into the whole parenting thing - it's difficult EVEN WITH ONE. Perhaps their relationship is crumbling and they need someone to blame.

I also wonder what the statute of limitations is here? The actual "harm" occurred almost four years ago. I would be more inclined to side with the parents if the doc put in, say, fifteen embryos. Fifteen would be outrageous and beyond the normal conduct of a practicing physician. At least in the states, since two is so incredibly common and so not outside what an RE would do in an IVF situation, I wonder if the case wouldn't be decided in favor of the doc.

Posted by: ali at Sep 21, 2007 7:06:15 PM

I agree with you too.

Yes, the doctor screwed up and he should be reprimanded.

But I also agree with the people who say the parents are selfish assholes. According to the first article, the daughters are currently THREE YEARS old. And they're just now suing? What, they finally extrapolated out what the next 19 years of private school for two kids are going to cost, then realized they had an untapped gold mine in suing the good doctor?

Posted by: Dawn at Sep 21, 2007 7:07:08 PM

sorry - not offended.

The women ARE assholes. The doctor IS culpable. And life? Pretty fucking unpredictable despite our BESTEST efforts... ya know?

May the daughters conspire to cost 'em more than what their awarded once they learn of their 'parents' outrage.

Assholes.

Posted by: T. at Sep 21, 2007 7:11:29 PM

Adding, wouldn't the irony be lovely if the daughters sue the mothers someday for the mental distress of not knowing which one of them is the singleton their parents really wanted...

Posted by: Dawn at Sep 21, 2007 7:11:38 PM

What a nutso case!
Talk about an "oops"pregnancy.
I think you covered the topic beautifully. No offense taken at all.

Posted by: Calliope at Sep 21, 2007 7:15:12 PM

I'm joining Caustic Cupcake and making it a class action lawsuit. You shall pay, for making me think I'll be offended, and then end up so NOT.

Get me all excited to finally disagree with you and then dash those hopes. I fear I'll never love again.

Posted by: Libby at Sep 21, 2007 7:47:10 PM

In reproduction there are no guarantees. Sometimes you get one baby, sometimes you get two babies, sometimes you get more--and sometimes you get none.

Add to your other arguments: if they were doing IUIs before there was an even greater risk of multiples. These people are inconsistent.

And dumb. Raising kids is work. Raising twins isn't vastly different from raising a singleton. These people have issues.

The doctor should receive some kind of censure for transferring too many, but these crazy ladies shouldn't get anything at all, except maybe a refund on the transfer procedure bill or something.

I'm upset these people are giving lesbians who want to procreate a bad name.

Posted by: Eva at Sep 21, 2007 7:53:32 PM

Some people above touched on this, but it's very possible the couple is only saying those horrible things about their kids in order to get some money out of the doctor's insurance company. And if that's the case, it's also possible that they will simply tell their kids, "Yes, we sued so that you could have some money for college, but don't ever doubt that we love both of you and are thrilled you are here."

I'm just saying.

Posted by: at Sep 21, 2007 8:03:32 PM

Just for the record, IUIs only increase your chance of multiples if they're combined with drugs. Plenty of lesbians have done unmedicated IUIs; unmedicated IUIs make sense when you have neither male nor female factor. And lesbians/SMBCs frequently have neither!

Posted by: Nina at Sep 21, 2007 8:54:25 PM

It's very possible that they had moral issues with the idea of selective reduction, which could explain their insistence on ONLY one; they didn't want to be put in the position that they found themselves in. They do sound fairly assy, though; no matter what their motivation for saying all those things about how devastated they were - even if they're doing it solely for the cash and otherwise love both their daughters to distraction - there would have to be repercussions down the line. You can't say something like that about your child and then dismiss it to them later, no matter how it happened. And even in the best-case scenario where they're exaggerating/lying for the money, what are they teaching their children? That it's OK to say horrible things about people you love if you'll get a big payoff, which should come in handy should their daughters ever decide to write a new "Mommie Dearest." (Also, I really hope neither girl turns out to be disabled or just less brilliant than her sister in some way; what are the odds that she would magically become the "unwanted embryo" then?)

I can't help feeling, on reading the article, that they're having trouble untangling some of the normal feelings of pre-parenthood from the feelings of having twins they weren't expecting and didn't want. I know when I was pregnant with my singleton IVF son, who was obviously extremely "wanted", I still had some spells, especially around the end of the first trimester, where I had crying fits and was wondering what the hell I had gotten myself into. It wasn't serious and eventually passed, but emotionally things were pretty bumpy for a while. I think it's just a natural reaction to some degree - no matter how much you want a baby, it's still a HUGE change and it can take your id a little while to catch up with your ego. I wonder if they would have cried at buying a stroller and enjoyed the room decorating if they were having a singleton; odds are they would have. But if they've never had other children, they might be imagining that a "wanted singleton" pregnancy would have been some sort of wonderful, ideal experience, and that could play into things.

BTW no, I don't think they should get a dime. Call me bitter or whatever, but if this is the most traumatic experience they ever undergo, they'll be unbelievably fortunate. I only hope their daughters feel the same a few years down the road.

Posted by: Sonetka at Sep 21, 2007 9:12:26 PM

Just to make it a little more clear, I am not saying I think they should have chosen to reduce one of the fetuses. I'm simply reporting on the various positions I've seen all over the Internet. Others are saying that they should have reduced if they were so opposed to having twins, which seems awfully close to blaming the victim, if you ask me. Would their having done so absolve the doctor of his wrongdoing?

Knowing relatively little about the matter, I believe they made a responsible decision when they asked that only one embryo be transferred, especially if they knew they were opposed to reduction. I can't really find it in myself to say they got what they deserved, you know?

...Buttheyarestillassholes.

Posted by: Julie at Sep 21, 2007 9:32:17 PM

As always, you are the voice of reason. Julie for President!

Posted by: BrooklynGirl at Sep 21, 2007 9:32:55 PM

Listen, I know its awful because the dr. screwed up and the parents only wanted one.

But lets say that lesbians could conceive by themselves, with no help from anyone else required. There's a chance they could have had dizygotic twins anyway, right? Or if they used unmedicated IUIs? Because lets face it folks - sometimes nonidentical twins occur naturally. So while they wanted one, they tried really hard to only have one...they SHOULD have only had one, but sometimes these things happen. Sure, sue the dr because he screwed up, but don't go on and on about how you didn't want two, only one, woe is me, I have two perfectly healthy kids.

The dr. screwed up. So sue him. But don't say all this negative crap about your kids all over the news. You've got them now. Live with it. And preferably - love them anyway.

Posted by: Melanie at Sep 21, 2007 9:42:59 PM

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