Embryo mistake 'waiting to happen'

The couple had been trying for a second child with their only remaining embryo when the IVF Wales clinic in Cardiff, discovered the error. The woman wrongly implanted chose to have a termination after finding out what had happened.

Their solicitor, Guy Forster, from national law firm Irwin Mitchell, revealed there had been two previous near misses at the clinic the year before.

The Cardiff and Vale NHS Trust has apologised for the blunder and paid the couple an undisclosed sum.

Mr Forster said: "A report by HFEA (Human Fertilisation and Embryology Authority) investigators shows that the error occurred primarily due to failures by laboratory and theatre staff to carry out basic procedures.

"However, it is clear that there were a number of system failings, in that the clinic had failed to implement the procedures set out in the HFEA's Code of Conduct, workloads were above safe levels and there were staff shortages.

"IVF Wales reported two 'near miss' incidents to the HFEA in 2006 and an HFEA inspection in February 2007 had warned the clinic to tighten its witnessing procedures, yet it would seem nothing was done. This was an accident waiting to happen."

The couple, named by Mr Forster only as Deborah and Paul, attended the clinic on December 5, 2007, for their final embryo to be transplanted.

While they were waiting they were told a trainee embryologist had mixed up their embryo after taking it from the wrong shelf of the incubator.

Mr Forster said that against all guidance, more than one patient's embryos were being temporarily stored in the incubator.