Reflections on the impact for fertility patients of faulty freezing solution | Medical Negligence and Personal Injury Blog | Kingsley Napley

The news emerging this week that frozen eggs and embryos may have been damaged by a faulty freezing solution, and that there has been an apparent delay in informing some patients about this, is deeply concerning. Understandably, the consequences for those involved, whose chances of having a baby are at stake, could be highly damaging. The emotional anguish cannot be understated.

The Human Fertilisation and Embryology Authority (HFEA), the UK’s independent regulator of fertility treatment, has issued a statement in relation to two fertility treatment units which have used the faulty product, one of which is based at Guy’s Hospital in London.

Guy’s and St Thomas’ NHS Foundation Trust have reportedly said that the faulty product in question may impact upon the chances of eggs or embryos surviving the defrosting process.

It appears that the issue first came to light in February 2023 when the Medicines and Healthcare products Regulatory Agency (MHRA) published a Field Safety Notice. At the same time, an alert was issued by the HFEA to all fertility clinics licensed by them. The Guy’s Trust have said that they may have used the faulty product before this – in September and October 2022.

However, there appears to have been a delay in the Trust informing those affected. A BBC article quotes the Trust as stating that the delay was partly because of ‘uncertainty from the manufacturer about which batches were affected’.

Egg Freezing and IVF

Egg freezing is commonly undertaken to preserve fertility, including in circumstances where this would be compromised by medical treatments, such as those for cancer. It is reported that among the women affected at Guys and St Thomas’ NHS Foundation Trust were cancer patients who have since undergone treatments.

Frozen eggs can then be defrosted and used in treatments such as In Vitro Fertilisation (IVF) – one of several techniques which can be used to assist people to have a baby. It is a process whereby eggs are removed from a woman’s ovaries and fertilised with sperm in a laboratory. The fertilised egg (embryo) is then returned to the woman’s womb, hopefully leading to successful implantation and pregnancy.

Embryo freezing is a standard practice with IVF. When a ‘cycle’ of treatment is undertaken a number of eggs may be successfully fertilised and those not immediately used can be frozen and defrosted for use in subsequent cycles if needed.

Guy’s and St Thomas’ NHS Foundation Trust have now reportedly contacted all those affected and apologised for the delay in notifying them. The HFEA state that they are looking into the matter. Their investigation is limited only to Guy’s.

Whatever the particular circumstances, we can be sure that frozen eggs or embryos are very precious to the people involved. If they have been damaged by the faulty freezing solution, this could mean the loss of a final chance to give birth to a child.

A delay in being informed may also be a significant factor. In some cases, it could mean a lost opportunity of undergoing further treatments – such as having other eggs removed or having a further IVF cycle. Added to this, it is well documented that the likelihood of IVF working decreases with age. This being the case, some may feel that every month that passed mattered.

The HFEA investigation is ongoing and should failings be found we hope that steps are taken to prevent a similar incident going forward. So much is at stake for those involved.

Details about legal claims surrounding fertility and IVF can be found on our dedicated webpage.