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Couple files lawsuit against fertility doctor for malpractice

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Published: 02 August 2017

Posted by: Mitchell P. Lewis

A married couple’s wish to have another child took a shocking turn because of their fertility doctor. David and Melissa Pineda have filed a lawsuit against California-based Doctor Rifaat Salem accusing him of malpractice. As per their claim, Salem implanted them with an embryo of a stranger and afterward carried out an abortion without their consent for preventing the possible mix-up pregnancy.

The couple went to the doctor in December 2013 after they failed to conceive a child naturally, and Mrs. Pineda was implanted with a set of embryos a couple of months later. Just after two days, she was called to the doctor’s office right away, even though the day being a Sunday.

After reaching the practice, she had an upsetting conversation with a nurse who told her that the doctor had mistakenly implanted her with someone else’s embryos as the original 14 eggs were still lying in the petri dish.

Without explain her anything, Dr Salem told her he wanted to check in on if the embryos were alright. But as per Mrs. Pineda, she, in fact, experienced a very excruciating dilation and curettage process; a scraping of the cervix which is the usual method of first term abortions.
Mrs. Pineda was asked to drop in the next day for getting an injection of a drug that will reduce her bleeding, but she later found out that she actually received the chemical abortion drug called methotrexate.

After realizing the incident, they appointed malpractice lawyer Neil Howard to represent their case. Howard says that Dr Salem broke the law as he performed both of the abortion procedure without taking Pinedas’ consent. One of Salem’s nurses affirmed the statement by saying that the D&C wasn’t signed by Mrs. Pineda until after the procedure.

The couple firmly says that they wouldn’t have wanted an abortion no matter what. They also believe that the couple whose embryos were implanted in Mrs. Pineda deserves to know the truth about it. The abortion has made them mentally devastated and broken.

Dr Salem’s practice didn’t immediately return the calls of Daily Mail Online.

Couple sues Southern California Fertility Clinic for Fraud

A couple from Chatsworth is filing a lawsuit against a Southern California fertility clinic which has offices in Torrance, Glendale, Irvine, Glendora, Corona and Rancho Mirage, and its doctors for suggesting and performing the in-vitro fertilization process despite knowing that there was not any hope of IVF leading to a successful pregnancy.

Adel Said and Abeer Said sued the Pacific Reproductive Center and Doctors Rifaat Salem, Phillip Wethman, Manish Mehta, Zhihong Yang and Pacific Coast Surgery Center in Los Angeles Superior Court. The case will be heard by the Hon. Melvin D. Sandvig.

Mr. Said was diagnosed with germinal cell aplasia 9 years before because of a medical condition, making it impossible for him to naturally father a child due to a lack of the type of sperm cells required for fertilizing an egg. However, the nationally renowned Los Angeles urologist and male fertility expert Dr. Cappy Rothmann convinced them to try out the in-vitro fertilization procedure.

The couple went to the Pacific Reproductive Center after seeing an advertisement on a newspaper. Then they had a discussion with Dr. Rifaat Salem and showed him their medical records. According to plaintiff attorney Bill Newkirk, the doctors at Pacific Reproductive Center gave them false hope in order to draw out thousands of dollars from the couple.

Dr. Salem guaranteed the couple that there was a high possibility, with the very advanced techniques he used, that in-vitro fertilization would result in a successful pregnancy.
He claimed of having an exceptionally high success rate in producing successful pregnancies in those who are in the same condition like the Saids.

With Dr. Salem’s assurance, the couple went through some very and costly procedures. Harvested eggs from Mrs. Said. Then an urologist used a hypodermic needle for extracting “viable” sperm from the testicles of Mr. Said.

After that, Dr. Salem and a Chinese embryologist named Dr. Yang, who possessed only a Canadian veterinarian license, told the couple that many eggs were fertilized by the ‘round spermatids’ of Mr. Said. The two doctors then showed the ecstatic couple pictures of what they claimed embryos, prior to implanting them surgically in Mrs. Said. She didn’t get pregnant.

After more than a year a nurse from the Pacific Reproductive Center contacted them again saying a fertility expert was coming from Egypt, who would be working at the center. She asked whether they were up for another try.
With assurances of this specialist, the couple underwent the excruciating and expensive procedures once again, paying around $10,000 again. Still, no pregnancy happened.

Five years later the couple contacted a fertility expert named Dr. Paul J. Turek at San Francisco Medical Center, who tried many times to harvest sperm cells from 28 sites on the testicles of Mr. Said. Dr. Turek told Mr. Said the fact that he didn’t have any sperm and it was impossible for the Pacific Reproductive Center to extract any round spermatids.

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