#NHS : Failed IVF possibly due to faulty injection..

[Hillie]

Hello everyone....my first post here I do hope someone can help.....here we go.....

 

My friend and colleague has just experienced her third failed IVF attempt. All three were privately funded as she is over 40 and not entitled to any free NHS IVF treatments.

 

On this last, third, IVF attempt ~ the last injection which was to be taken at 10 pm on a Monday was faulty causing the liquid to escape and although my friend had the contact details for the "emergency" team, no spare injections were available to her at that time of night.

 

Obviously she is completely devastated and wonders whether the lack of the final injection had a causal link to the IVF failing. The hospital, clinic, nurses, doctors have never been in this situation to be able to advise her. (They are saying that they've never encountered a faulty injection before).

 

I've come on here to see whether she would be entitled to any legal advice and what "legal heading" this would fall under? Would it be personal injury???

• would it be worth trying to prove the injection was faulty and take on the pharmaceutical giant; or
  
• would it be possible to see if the NHS would pay for any further treatment, or compensate her for the fact that this may well have caused the treatment to fail?
  

All advice will be very gratefully received

 

THANKS

Hillie

[Night Owl]

Hi Hillie,

 

Big welcome to CAG.

 

A desperately sad story. It is stressful enough to undergo the rollercoaster of emotions of IVF but to have something go wrong that jeopardizes the ultimate outcome of a new life to a couple is very stressful.

 

I can imagine that a lot of the pre care is taken by the couple at home with the injections under the instructions of the IVF team. This is joint responsibility.

If there was a fault with the injection did your friend return it to the IVF team for inspection and return to the pharmacutical company for an investigation to be undertaken?

I think before any ultimate complaint can be made the device used for the injection would have to be checked out to prove if the fault was with the device or the user.

 

I'm sorry if that sounds wrong but your friend needs to take the advice from the IVF team treating your friend as they have the experience in this.

 

Wishing you and your friend the best of luck.

[Hillie]

Hi...thanks for your speedy reply

 

If there was a fault with the injection did your friend return it to the IVF team for inspection and return to the pharmacutical company for an investigation to be undertaken?

 

I've just had a quick word with her and she says she took photos of it and has sent it back to the clinic. The Clinic agreed it was faulty and offered to compensate her for the injection to the amount of £10.

 

I think before any ultimate complaint can be made the device used for the injection would have to be checked out to prove if the fault was with the device or the user.

 

I'm not in the medical industry at all, but on a personal note I would suggest that this being her third attempt, I would say she could be classed as being "experienced" at self injecting . Although I'm sure this can be easily disproved if you compared her to a nurse giving vaccine injections 8 hours a day every day .

 

Having been offered £10 compensation for a faulty injection when the whole IVF program cost her over £6,000 seems a bit unfair tho...

 

She's contacted the clinic and has asked for a "face to face" meeting and is waiting for a reply tomorrow. I just don't want her going to a meeting without being armed, so to speak!

[Hillie]

She is actually more upset about the advice given to her at 10pm immediately following the broken injection. (I got it a bit wrong in my first post) It wasn't that there were no spare injections it was the advice she was given when she telephoned the "out of hours" emergency number. The person who advised her did so from her own home, without any of my friend's hospital notes and basically told my friend "oh, everything will be alright tonight, contact the hospital/clinic in the morning". So obviously my friend is upset as she had offered to drive to the IVF clinic (50 miles away) or that she would drive anywhere the get another injection.

 

Does that make sense?

[Night Owl]

Hi Hillie,

 

a face to face meeting is a good move and allows the clinic to offer a solution.

 

She may well be "experienced" in doing the injection but the pharmacutical company would probably still need the device to carry out their own investigation to prove fault.

I don't work for a pharmacutical company so am not sticking up for them!!

 

Wow! syncronised posting!!

Again if the advice and service your friend received is poor then this can be discussed at the meeting.

Tell her to make a list of questions to make the most of the meeting. Take copies of the photos, keep the originals, they may be able to offer some further advice on those.

She may like to ask if the fault has jeopardized her chances, or should she have been offered another injection.

 

Best of luck x

[Hillie]

LOL, no I didn't get the impression you were sticking up for them! Actually you've made a very valid point. If the Clinic has thrown the injection away then that's a perfect opt-out for the pharmaceutical company as nothing would be able to be proved!

 

My worry (and maybe I'm worrying too much) is that she'll go for a face-to-face meeting and just accept what the clinic says. As you say, she is in an emotional turmoil at the moment.

 

I think maybe she should go and see a solicitor just for some advice before putting her foot in it by accepting what the Clinic says.

 

......do feel free to tell me I'm over-reacting

 

Hillie

[Hillie]

Wow! syncronised posting!!

[Hillie]

Yes, she's made notes. The one phrase that sticks in my mind is she was told by the Clinic doctor that "it probably didn't make much difference". No-one seems to be able to tell her that it did, or did not, jeapordize her overall chance.

 

But, in my book 'not making much difference' could have been The Difference between it working and not working

 

(if you get my drift)

[Night Owl]

My worry (and maybe I'm worrying too much) is that she'll go for a face-to-face meeting and just accept what the clinic says. As you say, she is in an emotional turmoil at the moment.

Taking an independent witness as a support may be the best advice I can give.

She must go through the correct procedure to enable the clinic to discuss what has happened and allow the to offer a solution.

 

I think maybe she should go and see a solicitor just for some advice before putting her foot in it by accepting what the Clinic says.

 

......do feel free to tell me I'm over-reacting

 

Hillie

 

You are not over-reacting at all. It is an emotional rollercoaster process.

I'm sorry to say that when altering mother nature and dealing with hormone treatment the overall outcome can be predicted, to a certain extent, but there must be a grey area where the parameters are just down to luck.

Being told by the clinic "it probably didn't make much difference" doesn't help an already emotionally charged woman!!! not very tactfull but they are only going on their experience.

The wording could have been chosen better.

[Hillie]

Very wise words, thanks !

 

Taking an independent witness is a fantastic idea I'll offer my services to her, even if it's just to sit there and take notes as well as being her moral support!

 

Yes, following the correct procedure is a must I do agree.....what is the correct procedure though? (I'm honestly not being pedantic here !)

[Night Owl]

Very wise words, thanks !

 

Taking an independent witness is a fantastic idea I'll offer my services to her, even if it's just to sit there and take notes as well as being her moral support!

Taking notes is important because in the heat of the moment things said can be forgotton.

Ask if you can record the meeting. Never record without asking!

 

Yes, following the correct procedure is a must I do agree.....what is the correct procedure though? (I'm honestly not being pedantic here !)

 

You must allow the clinic to discuss the issues raised first. This may take several meetings. Ask for further meetings until every suggestion is exhausted.

Get them to put things in writting for you too.

 

If this process is not satisfactory once exhausted, you may wish to discuss it with a Solicitor with Medical Negligence as his/her experience may throw up further suggestions.

There may only be the clinics overall suggestions to go on............be warned!

[Hillie]

There may only be the clinics overall suggestions to go on............be warned!

 

yes, and I can only imagine they will say it wouldn't have made any difference so please give us another £6 grand for a fourth try

 

Recording the meetings is another excellent suggestion. Thank you !