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A high-flying executive has lost His bid for “millions” in compensation after making a personal claim IVF Leading “Bootcamp” fecundity He suffered a stroke because of the clinic.
Navkiran Dhillon-Byrne, 51, began a cycle of IVF treatment at the Assisted Reproduction and Gynecology Center (ARGC) in Wimpole Street, London, just a stone’s throw from London. harley streetIn 2018. This was four years later when they were told the NHS was unable to fund them.
The ARGC clinic, headed by leading IVF expert Mohammed Taranisi, touts “thorough testing, daily monitoring and real-time treatment adjustments” on its website and displays the text “Some call it IVF bootcamp – our patients call it their miracle”.
Ms Dhillon-Byrne had IVF in April 2018, but suffered a stroke on April 28, 10 days after treatment ended, which her lawyers said left her with ongoing vision and psychological problems.
The mother-to-be then filed a lawsuit, claiming that “add-on” treatments such as the pioneering IVIG immunotherapy — which was designed to control the body’s immune responses during pregnancy — caused the stroke.
In a claim lawyers said would have cost “millions”, the marketing boss said she was not properly advised about the low chance of a successful IVF outcome or the risks associated with IVIG treatment, and that she would not have proceeded with it if she had known.
In a ruling at Central London County Court this week, Judge Luke Ashby said they had only shown that the treatment “probably contributed materially” to the stroke.
But he had not convinced her that this was probably the case, meaning he had rejected Ms Dhillon-Byrne’s claim for damages.
They also found that they were appropriately advised by their specialists about the potential risks of the “controversial” immunotherapy.
The judge said, “I accept that the claimant has suffered a tragic series of events which must have been truly heartbreaking for her and her husband.”
During an eight-day hearing, the judge heard that, after failing in previous attempts to have a child, Ms Dhillon-Byrne had turned to ARGC.
She told the court that she had been trying to have a child since 2014 and though she got pregnant thrice, she finally suffered a miscarriage.
Ms. Dhillon-Byrne, Chief Marketing Officer City of London Bess, of an international software company, said he chose ARGC after it was recommended by a friend who praised its high success rate.
But he said he was not warned about the “specific” risks of thrombosis in connection with the IVIG part of his treatment and attributed it to the stroke.
Suing for negligence and breach of duty, Ms Dhillon-Byrne said the clinic underestimated her chances of a successful outcome from IVF and failed to gain her “informed consent” before starting treatment.
She claimed that if she had been given a clear picture of her chances of a successful pregnancy or the risks of IVIG, she would not have consented to IVF and supplemental IVIG therapy.
In her testimony, she said she felt rushed during some of her consultations, claiming that when she raised the issue with one of the clinic’s doctors she received little information about the role of IVIG therapy.
However, Clodagh Bradley Casey and Dr. Taranisi, for the clinic, refuted his claims and told the judge that he was given enough information to consent to treatment.
Despite IVIg being “controversial” and not licensed for its use. fertility treatmentShe said it was appropriate for the clinic to suggest she do so.
Delivering judgment at the end of the trial, Judge Ashby accepted that Ms Dhillon-Byrne should have been told that her chances of successful IVF were only 10 per cent.
But he was adequately counseled about the risks and benefits of IVIG so that he could give “informed consent” to the treatment, he said.
He said, “In my judgment, a competent, respectful and appropriate body of obstetricians and gynecologists would have offered IVIG treatment in April 2018.”
“The benefits of IVIG therapy were adequately explained to him. The physical risks were also adequately explained.
“There is a risk of thrombosis with IVF and pregnancy and she was advised of this. There is a risk of thrombosis with IVIG in general.”
But he added: “The additional risk of thrombosis resulting from IVIG was, in my view, not significant in circumstances where there are no reported cases in fertility.”
And she said that, even if she had been given “gold standard” advice on the risks and benefits, she was confident she would have gone ahead with the treatment.
He added, “With respect to the medical reasons, the claimant has proved only that IVIG may have contributed to the stroke, not that it caused it.”
“It follows that the claim will be rejected.”
Lawyers previously said outside court that, if Ms Dhillon-Byrne’s claim was successful, it was likely to be worth “millions” because of the impact of the stroke on her high-flying career.