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UBC involved in class-action law suit


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#1 Stevie

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Posted 07 June 2011 - 11:58 AM

In an effort to inform those of you currently using the UBC clinic or thinking about using them, I wanted to let you know that the UBC clinic is involved in a class-action law suit against them for negligence. Approximately 9 yrs ago, the freezers at the UBC clinic failed and many men (including my husband) lost the sperm they had stored there. UBC has been trying to fight the law suit saying that they are not responsible. In an email from our lawyer this morning he said "UBC applied for leave to appeal to the Supreme Court of Canada. Their application for leave was denied. Therefore the action is moving forward. We have found out that the number of men affected is closer to 450 as opposed to the roughly 160 that UBC initially said were affected."

As an aside, UBC also erroneously mailed us a confidential letter meant for another client. Clearly, they are not a clinic to be trusted.

If you google you can find articles about it. However, some of the articles state it involves "sperm donors" which isn't the case. My understanding is that they were all men who had frozen sperm for future fertility treatment. That is certaintly true in our case. Unfortunately, because of UBC's negligence, we have had to use donor sperm and my husband has had to deal with the devastation of knowing he'll never have a biological child, something that was very important to him. My husband almost died in his early 20's due to a rare illness and the medication they had to give him destroyed all of his sperm. So before he took the medication and when he was so sick, he provided sperm so that he could have children one day. It was absolutely devastating for him to receive a letter from UBC 8 yrs later saying "oops, our freezers failed and all of your sperm were destroyed, sorry".

Thankfully, my husband and I have been able to move forward from this. But it sure would have been nice if my husband could have been spared the heartache he endured and we didn't have to spend $10,000 on sperm.
Me (41) DH (37)
First RE appt: Jan 04
DH: no swimmers due to illness, using donor sperm
Me: unexplained infertility
7 IUI's
1 super-ov cycle - cancelled, over-stimed
IVF -Jan 08, ++ beta, m/c, 5 blasts on ice
FET - April 08, only 1 of 5 grade A frosties survived??!!, BFN

2nd IVF
ET Nov 25, 2008 - tx 3 day 3 embies, 11 frozen
Dec 5 - HPT, BFP!!
Beta Dec 9 - 341, 17dpo
U/S Dec 23 - Singleton doing well! 6wks & 3 dys
Aug 6, 2009 - healthy baby boy born via c-section.

FET Mar 17, 2011 - tx 3 embies
Chem preg

FET May 17, 2011 - tx 2 embies
BFN

FET June 19, 2011 - tx 3 day 5 embies
5dp5dt or 10dpo - HPT, very very faint BFP
Beta 13dpo - 121, 15dpo - 412, 18dpo - 1231, 20dpo - 3146, 25dpo 16794
U/S July 19 - one healthy bean!
Feb 26, 2012 - healthy baby boy born via emergency c-section

#2 mouse

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Posted 07 June 2011 - 12:30 PM

((You))
The plural of anecdote is not data.

Charity gives a meal; justice provides a place at the table.

#3 Jacqueline

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Posted 07 June 2011 - 12:53 PM

crazy!
~Jacqueline~

TTC for two years
Me - 27 DH - 28
Unexplained Infertility
IVF #1 (April 2011)
19/04 - ER - 16 eggs, 15 mature
20/04 - 9 eggs fertilized normally (half ICSI, half IVF)
24/04 - 2 perfect blasts transfered, 4 frosties (grade 18, 17, 16, & 15)
30/04 - First positive HPT!!
03/05 - Beta 301
05/05 - Beta 884
27/05 - 1st Ultrasound (7w3d) - TWINS! Baby A 6wks6days, HR 138; Baby B 6wks3days, HR 125.
10/06 - 2nd Ultrasound (9w3d) - Baby A 9wks3days, HR 168; Baby B 9wks1day, HR 167.
27/06 - 3rd Ultrasound (11w6d) - Baby A 12wks, HR 162, CRL 5.4cm; Baby B 11wks6days, HR 160, CRL 5.1cm.
12/07 - Felt baby on the left kick
13/07 - Doppler - Baby A HR 152; Baby B HR 144.
23/07 - Felt baby on the right move
02/08 - Ultrasound - both babies growing well... not able to determine genders yet.

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"The definition of success--To laugh much; to win respect of intelligent persons and the affections of children; to earn the approbation of honest critics and endure the betrayal of false friends; to appreciate beauty; to find the best in others; to give one's self; to leave the world a little better, whether by a healthy child, a garden patch, or a redeemed social condition.; to have played and laughed with enthusiasm, and sung with exultation; to know even one life has breathed easier because you have lived--this is to have succeeded."
-- Ralph Waldo Emerson

#4 Stevie

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Posted 07 June 2011 - 01:49 PM

((You))


thanks Mouse!
Me (41) DH (37)
First RE appt: Jan 04
DH: no swimmers due to illness, using donor sperm
Me: unexplained infertility
7 IUI's
1 super-ov cycle - cancelled, over-stimed
IVF -Jan 08, ++ beta, m/c, 5 blasts on ice
FET - April 08, only 1 of 5 grade A frosties survived??!!, BFN

2nd IVF
ET Nov 25, 2008 - tx 3 day 3 embies, 11 frozen
Dec 5 - HPT, BFP!!
Beta Dec 9 - 341, 17dpo
U/S Dec 23 - Singleton doing well! 6wks & 3 dys
Aug 6, 2009 - healthy baby boy born via c-section.

FET Mar 17, 2011 - tx 3 embies
Chem preg

FET May 17, 2011 - tx 2 embies
BFN

FET June 19, 2011 - tx 3 day 5 embies
5dp5dt or 10dpo - HPT, very very faint BFP
Beta 13dpo - 121, 15dpo - 412, 18dpo - 1231, 20dpo - 3146, 25dpo 16794
U/S July 19 - one healthy bean!
Feb 26, 2012 - healthy baby boy born via emergency c-section

#5 Stevie

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Posted 07 June 2011 - 01:50 PM

crazy!


Crazy indeed! Congrats on your pregnancy, all the best :)

S
Me (41) DH (37)
First RE appt: Jan 04
DH: no swimmers due to illness, using donor sperm
Me: unexplained infertility
7 IUI's
1 super-ov cycle - cancelled, over-stimed
IVF -Jan 08, ++ beta, m/c, 5 blasts on ice
FET - April 08, only 1 of 5 grade A frosties survived??!!, BFN

2nd IVF
ET Nov 25, 2008 - tx 3 day 3 embies, 11 frozen
Dec 5 - HPT, BFP!!
Beta Dec 9 - 341, 17dpo
U/S Dec 23 - Singleton doing well! 6wks & 3 dys
Aug 6, 2009 - healthy baby boy born via c-section.

FET Mar 17, 2011 - tx 3 embies
Chem preg

FET May 17, 2011 - tx 2 embies
BFN

FET June 19, 2011 - tx 3 day 5 embies
5dp5dt or 10dpo - HPT, very very faint BFP
Beta 13dpo - 121, 15dpo - 412, 18dpo - 1231, 20dpo - 3146, 25dpo 16794
U/S July 19 - one healthy bean!
Feb 26, 2012 - healthy baby boy born via emergency c-section

#6 impatient

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Posted 07 June 2011 - 01:58 PM

So sorry to hear about your story. That's just awful.

I just started at UBC and I have to say that they've been far more professional and discreet than the other local clinics.

That doesn't take away from your terrible experience though. I hope you get legal resolution.
Me: 41, DH: 44
TTC: since Jan, 2008 (age 34)

DH: Low morphology, low count. Me: Stage 2-3 endometriosis, non-functional fallopian tubes, small fibroids, low AFC, low poor responder ... anything else?

Jun 2008-Sep 2011 in a nutshell: One HSG, one very traumatic office hysteroscopy, one operative laparoscopy, three fresh IVF/ICSI cycles, one chemical, one early miscarriage, two tubal recanalizations, five IUIs (3 with Clomid).

May 2010 - Aug 2011 Attempted adoption application process through the BC MCFD. Aug 2011 Signed up with a private agency. On both waiting lists as of Apr 2012. Proposal through MCFD Jul 2012. Aug 2012 - Finally ... she's home and we're a family! : )

Adoption application #2 started Aug 2013. DD2 placed May 2014, finalized Feb 2015!


"I have not failed. I've just found 10,000 ways that won't work."
Thomas Edison

#7 Stevie

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Posted 07 June 2011 - 02:18 PM

So sorry to hear about your story. That's just awful.

I just started at UBC and I have to say that they've been far more professional and discreet than the other local clinics.

That doesn't take away from your terrible experience though. I hope you get legal resolution.


I'm sorry to hear that you've had bad experiences at other clinics, that's always rough. Good that UBC has been treating you well so far. Let's hope it continues and all the best with your next cycle :) I've had friends that did some FT with UBC and they didn't have a very good experience but that's the way it goes... you find that with every clinic. We've been with Genesis for a long time and I know that people have had bad experiences there too.

I'm curious about the financial implications of the law suit for the clinic. We've been told that for a loss like ours, a reasonable compensation would be 100,000, of which the lawyer would get a big chunk. So with over 400 men affected, it could be a significant financial loss for UBC.
Me (41) DH (37)
First RE appt: Jan 04
DH: no swimmers due to illness, using donor sperm
Me: unexplained infertility
7 IUI's
1 super-ov cycle - cancelled, over-stimed
IVF -Jan 08, ++ beta, m/c, 5 blasts on ice
FET - April 08, only 1 of 5 grade A frosties survived??!!, BFN

2nd IVF
ET Nov 25, 2008 - tx 3 day 3 embies, 11 frozen
Dec 5 - HPT, BFP!!
Beta Dec 9 - 341, 17dpo
U/S Dec 23 - Singleton doing well! 6wks & 3 dys
Aug 6, 2009 - healthy baby boy born via c-section.

FET Mar 17, 2011 - tx 3 embies
Chem preg

FET May 17, 2011 - tx 2 embies
BFN

FET June 19, 2011 - tx 3 day 5 embies
5dp5dt or 10dpo - HPT, very very faint BFP
Beta 13dpo - 121, 15dpo - 412, 18dpo - 1231, 20dpo - 3146, 25dpo 16794
U/S July 19 - one healthy bean!
Feb 26, 2012 - healthy baby boy born via emergency c-section

#8 Laura1976

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Posted 07 June 2011 - 05:17 PM

I am sorry to hear that this happened. No matter what the financial outcome I'm sure it can't make up for what you have been through. I wish you all of the luck possible in your pursuits.

(((HUGS)))

Laura

ME 35 SO 32 TTC #1 since September 2008

See 'About me Page' for more cycle history

November 29/11 - Unexplained IF/Recurrent loss testing

Compliment C3 & C4 below acceptable range
LA Ratio DRVVT above acceptable range
Lupus Inhibitor demonstrated
Antiphospholipid IgG above acceptable range
Antiphospholipid IgM above acceptable range (more than double)


Consultation @ VFC December 10/11

IVF/ICSI #2 (with Intralipid therapy) January/February (Victoria Fertility Clinic)
BCP December 16 -29/11 & January 6 - 28/12
Vitamin D (2000iu daily) and Iron Supplement (Ferrous Gluconate 300mg daily) - Start December 24 until Dr advises otherwise, PregVit 5 (Starting January 12/11), Vitamin E (800iu daily) until Heparin begins (Starting January 14/11) Fish Oil (1200iu daily)
Superfact (0.5mg) - Start January 22/12
Dexamethasone (0.5mg) - Start February 4/12 until beta

After ER - Doxycycline (100mg), Estrance (2mg), Prometrium (200mg 3x day), heparin 5000 units (2x day), calcium (1500mg daily), low dose aspirin (81mg daily)
Intralipids - February 13/12 and day of ET
Neupogen Uterine Flush - Day of ER

February 2/12 - E2 35p/mol
February 4/12 - 300iu Gonal-F & 75iu Repronex
February 9/12 - U/S & E2 - RIGHT- 11, 9, 10, 19, 8, 12, 11, 10, 13, 6 LEFT: 12, 7, 10, 10, 8, 6, 5, 5 E2 2635

February 9/12 Gonal-F lowered to 225iu Repronex remains at 75iu
February 11/12 - U/S & E2 - Right 14, 10, 11, 12, 10, 13, 12, 12, 14, 7 LEFT: 11, 8, 10, 13, 9, 8, 8 E2 5610
February 13/12 - U/S an E2??? & Intralipid Therapy
February 16/12 - E/R 20 eggs, 17 mature and ICSI'ed, 3 left to fertilize by regular IVF
February 17/12 - Fert Report 16 fertilized by ICSI, 1 fertilized by IVF
February 20/12 - Neupogen injection
February 21/12 - Transferred 2 Blastocysts ( 1 x Grade 19 Early Blast, 1 x Grade 19 Expanded Blast) and Intralipid Therapy and Acupuncture

“Here's all you have to know about men and women: women are crazy, men are stupid. And the main reason women are crazy is that men are stupid.” - George Carlin

#9 gibasgirl

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Posted 07 June 2011 - 05:31 PM

My heart stopped when I read this. I am so sorry you have had to go through this. No thing can make up for what you and your husband have lost, but I do hope the justice that you both deserve is served.

Wishing you both peace, continued strength, and success in building your family. ((HUG))

Zan

#10 mouse

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Posted 07 June 2011 - 06:46 PM

I don't know that there would be a discernable impact as far as the finances go - most institutions like this have insurance to cover such things; so although their premiums would increase, it's not like they'll have to hold a bake sale.

Fingers crossed things work out as you hope - in all arenas!
The plural of anecdote is not data.

Charity gives a meal; justice provides a place at the table.

#11 Canagirl

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Posted 07 June 2011 - 09:14 PM

I'm so sorry to read this - for you and your husband and any other men or couples that have been impacted by this.

I'm not in BC, but did read your story and just wanted to say I'm sorry. Dealing with infertility in itself is stressful enough that no one should have to deal with something like this in addition.

I hope you get a resolution that is as satisfactory a resolution as is possible in a situation like this.
TTC since February 2010

Me: 36 (DOR) DH: 38

May 2011: High FSH (13) and Low AFC (6)
August 2011: FSH (8) but lower AFC (only 3!)

Hysteroscopy to remove polyps

April 2012: IUI #1 FSH 9.1, AFC 8 = BFN
September 2012: IVF #1 Short cycle, natural start = IUI #2 as only had 2 follicles

#12 Stevie

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Posted 07 June 2011 - 10:23 PM

Laura - Thank you for your words of support. You're right, the financial outcome really doesn't matter. Its more about holding UBC accountable. Nothing can change what happened or undo it. But it would be nice if UBC finally had to acknowledge that they should have had better systems in place so as to prevent this type of thing from happening. Truth be told, I think my DH is still coming to terms with things despite us going to counseling and having a wonderful DS. I think until the law suit is over there will always be a part of him that can't fully grieve the loss he experienced.

Gibasgirl - Thanks so much for your post, I really do appreciate it. And for your words of encouragement. We're currently trying for baby #2 with FET's with no luck so far. Fx'ed the next one works!

Canagirl - Your right, infertility is hard enough isn't it. But I figure we all have our crosses to bear so to speak. As hard as this situation has been, I'm thankful everyday that donor sperm was available, that we could afford it, and that we now have an amazing little guy who brings unbelievable joy to my life. I see that you're undergoing testing... I hope that they can figure out what's going on with you and that you'll soon be on your way to a BFP!!!

Mouse - Your post made me laugh :) I'd love to see them out there having a bake sale! I knew that their insurance would cover it but I was wondering if it would cover the whole amount or only up to a point. This lawsuit could end up costing UBC 10-20 million. Yikes!

Thanks again to all of you for your posts! It means a lot to me. We've been very quiet about this situation and it feels nice to finally be more open about it and to have people lend their support. I read your posts to my DH and I could tell he was touched by them :) He's very private about this stuff and so hasn't had really anyone other than family express support. I'm hoping that with time he'll open up a bit more b/c I think that by treating this as though its some big secret, it only ends up hurting him.

Take care all,

Stevie
Me (41) DH (37)
First RE appt: Jan 04
DH: no swimmers due to illness, using donor sperm
Me: unexplained infertility
7 IUI's
1 super-ov cycle - cancelled, over-stimed
IVF -Jan 08, ++ beta, m/c, 5 blasts on ice
FET - April 08, only 1 of 5 grade A frosties survived??!!, BFN

2nd IVF
ET Nov 25, 2008 - tx 3 day 3 embies, 11 frozen
Dec 5 - HPT, BFP!!
Beta Dec 9 - 341, 17dpo
U/S Dec 23 - Singleton doing well! 6wks & 3 dys
Aug 6, 2009 - healthy baby boy born via c-section.

FET Mar 17, 2011 - tx 3 embies
Chem preg

FET May 17, 2011 - tx 2 embies
BFN

FET June 19, 2011 - tx 3 day 5 embies
5dp5dt or 10dpo - HPT, very very faint BFP
Beta 13dpo - 121, 15dpo - 412, 18dpo - 1231, 20dpo - 3146, 25dpo 16794
U/S July 19 - one healthy bean!
Feb 26, 2012 - healthy baby boy born via emergency c-section