Monash IVF has settled a $56 million class action lawsuit over faulty genetic testing that destroyed potentially viable embryos.

The lawsuit alleged that Monash IVF used a non-invasive pre-implantation genetic testing (NiPGT) method that incorrectly classified embryos as abnormal. 

Approximately 35 per cent of these embryos were, in fact, normal and could have resulted in viable pregnancies, according to the claims. 

The testing errors led many patients to make irreversible decisions, such as discarding embryos and undergoing additional fertility treatments that might not have been necessary .

The class action also revealed serious allegations against Monash IVF's practices. It was claimed that Repromed, a subsidiary of Monash IVF, manipulated clinical trial results, forged signatures on consent forms, and destroyed evidence to cover up illegal experiments on patient embryos .

Margalit Injury Lawyers, who represented the plaintiffs, hailed the settlement as a victory for the affected families. 

“If these remarkable women and men had not brought this class action, Monash IVF’s secret would have remained hidden,” said Michel Margalit, the firm's managing principal.

Despite agreeing to the settlement, Monash IVF has made no admission of liability, saying it believed it was in “the best interests of our patients and people to resolve the matter rather than go to trial”.

The ASX showed an 11 per cent reduction in Monash IVF’s share price on the day of the announcement.

The settlement amount, which totals $56 million, will be paid in stages over nine months, drawing from both the company's insurance and cash reserves .

This case has sparked a broader discussion about the ethics and practices within Australia’s fertility industry, with plaintiffs saying they hope providers are exposed when they do not put the best interests of their patients first.

The settlement remains subject to approval by the Supreme Court of Victoria. However, for many of the plaintiffs, this agreement represents a form of closure after years of legal battles and emotional turmoil. 


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