California Couple Sues Fertility Clinic Over IVF Embryo ‘Mix-Up’

Peiffer Wolf Carr Kane & Conway, the law firm representing the Cardinales, estimated that the couple had paid $50,000 to the fertility clinic for the treatments.

In the lawsuit, the couple said that Dr. Mor had never disclosed that a third-party affiliate, In VitroTech Labs, would be used for I.V.F. services and that Dr. Mor was an owner of that business.

In VitroTech Labs and its parent company, Beverly Sunset Surgical Associates L.L.C., are also named as defendants in the lawsuit, which accused the fertility clinic’s operators of medical malpractice, negligence and breach of contract.

In VitroTech Labs and Beverly Sunset Surgical Associates declined to comment on Tuesday.

Mr. Cardinale, 41, said during the news conference on Monday that the most upsetting aspect of the ordeal had been breaking the news to the couple’s older daughter, who begged her parents to keep the baby.

“How do you explain that to a 5-year-old?” Mr. Cardinale said.

Adam Wolf, a lawyer for the Cardinales, called during the news conference for tougher oversight of fertility clinics.

I.V.F. is a form of assisted reproductive technology, which is regulated by the Centers for Disease Control and Prevention, the Food and Drug Administration and the Centers for Medicare & Medicaid Services, according to the American Society for Reproductive Medicine.

“The Cardinales, you know, uncovered this relatively early because their baby was of a different race from them, but how many babies are there across the country who are of the same race but genetically unrelated to the people who used I.V.F.?” Mr. Wolf said. “We don’t know that answer. In part, we don’t know that answer because there are no databases that track this sort of thing. There are no reporting requirements of the clinics.”