ALBANY, N.Y. — Two couples are suing a New York fertility doctor and his clinic after giving birth to children with a genetic defect later traced back to donated eggs.
The New York Court of Appeals heard oral arguments in the case on Wednesday. A decision is expected next year.
The two children have Fragile X, a genetic syndrome that causes intellectual impairments.
The case hinges on the state’s medical malpractice statute of limitations, which gives plaintiffs two-and-a-half years to sue after an alleged act of malpractice.
The parents filed the lawsuits two years after the children were born.
Attorneys for the clinic, Reproductive Medicine Associates, and physician Alan Copperman argue the clock on the statute of limitations began counting down when they ended fertility treatment, and not when the children were born.