In a complaint filed in Los Angeles Superior Court on Monday, Daphna
and Alexander Cardinale accused California Center for Reproductive
Health of breach of contract, medical malpractice and negligent
infliction of emotional distress, seeking an unspecified amount of
money damages.
The clinic did not immediately respond to a message seeking comment.
Daphna Cardinale gave birth to a girl in 2019, but her husband
immediately suspected something was wrong because the baby did not
resemble either of the parents, according to the lawsuit. Two months
later, the couple obtained a DNA test confirming the child was not
related to them.
The Cardinales then contacted the clinic through a lawyer, and the
clinic eventually told them that another couple had been given their
embryo and had given birth to their biological daughter. They met
the other couple, and about a month later decided to switch babies,
according to the lawsuit.
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"The horror of this situation
cannot be understated," they said. "Alexander's
and Daphna's memories of childbirth will always
be corrupted and tainted by the sick reality
that someone else had their child, and the child
Daphna struggled to bring into the world was
someone else's."
The Cardinales allege that they suffered severe
emotional damage, as did their 5-year-old
daughter, who had bonded with the baby they gave
away.
(Reporting by Brendan Pierson in New York;
editing by Jonathan Oatis)
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