Parents sue IVF clinic over sons’ genetic dysfunction


Leighee and Philip Eastbury outside the Supreme Court in Sydney today. Picture: AAP.
Leighee and Philip Eastbury outdoors the Supreme Court in Sydney as we speak. Picture: AAP.

A lady is suing a Sydney IVF clinic for not detecting she was a provider for Fragile X syndrome earlier than her two sons had been born with the genetic situation.

Leighee Eastbury, whose uncle has Fragile X, sought the check in 1999 and was informed she wasn’t a provider earlier than she and her husband Philip had their sons Hayden, 9, and Jacob, 6, the NSW Supreme Court has heard.

The couple is suing Genea for financial and non-economic damages, with their barrister Jay Anderson saying the IVF clinic offered an inappropriate chromosome check for figuring out her provider standing.

“It should have performed a molecular DNA test, which at that time was considered the only reliable test for determining carrier status for Fragile X,” Mr Anderson stated on Monday.

But the clinic’s barrister, David Lloyd, stated the case began and ended with the GP who referred Ms Eastbury for testing and whose employees knowledgeable her of the damaging consequence.

Mr Anderson stated Dr Ranjana Curtotti first referred Ms Eastbury to Macquarie Pathology, writing “Genetic testing for carrier status of x factor” and “uncle has x factor mental retardation”.

Macquarie, which has since been deregistered, took Ms Eastbury’s blood and handed it on to Genea with a request for testing and a replica of the GP’s referral.

The outcomes after they got here again to Dr Curtotti learn “no abnormalities detected, Fragile X negative” and a employees member knowledgeable Ms Eastbury who would go on to get married and have her two sons, the court docket heard.

She and her husband discovered the reality after realising in 2010 that their eldest son, Hayden, was not badembly developmental milestones, Mr Anderson stated. Mr Lloyd stated Genea was requested by Macquarie Pathology to carry out the chromosome testing because it did, in keeping with a system in place between the 2 corporations on the time.

He stated Dr Curtotti, who’s the topic of a cross-claim by Genea, had an obligation to take a look at the outcomes to ascertain the proper check had been carried out.


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