Parents Sue Sydney Hospital Over Decades-Old IVF Embryo Mix-Up

The biological parents of twins involved in a decades-old IVF embryo mix-up at Sydney's Royal North Shore Hospital have initiated legal action. Jacqueline and Richard Hensby-Davies have filed a civil claim in the NSW Supreme Court against the facility, seeking resolution after the error came to light last year.

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Our clients were hopeful that a formal apology and compensation could be negotiated without the need for issue of court proceedings.

The mix-up occurred in 1995, resulting in the twins being raised by their birth mother, Penny Szafranski, without either family being aware of the incident. The truth only emerged when Sasha Szafranski, one of the twins, took a DNA test through Ancestry.com, leading to a match with a woman who turned out to be her biological aunt. Subsequent testing confirmed the twins' biological parents were the Hensby-Davieses, who lived nearby.

Lawyers for the Hensby-Davieses stated that they had hoped to negotiate a settlement, including a formal apology and compensation, without resorting to court proceedings. However, due to the complexity of the matter, these negotiations failed, leading to the filing of the statement of claim. Investigations are ongoing to determine if other organizations involved in the care provided should be added as defendants.

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However, as the matter is complex that could not be achieved and so a statement of claim has now been filed in relation to the IVF error.

In March, the Northern Sydney Local Health District, which oversees Royal North Shore Hospital, noted that the hospital's fertility unit had been transferred to North Shore A.R.T. in August 1994, eight months before the mistaken embryo transfer. North Shore A.R.T. no longer exists, having been acquired by Virtus Health. A Virtus Health spokesperson denied responsibility, stating the incident predated the company's establishment.

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In 1995, Virtus Health did not own or operate any entity associated w