Virtus Health, Australia’s largest fertility company, is under the microscope. This follows on the heels of the disclosure of an IVF mix-up that was kept secret for 11 years. This incident resulted in a biracial baby being born to a white couple in Brisbane, sparking questions about transparency and accountability in the fertility sector. The couple had chosen their sperm donor based on what would best pair with their own Caucasian traits. Like many families, they first noticed something was wrong when their child was born in 2014.
The case clearly meets the industry’s self-defined threshold for a “Severe Notifiable Adverse Event” as defined by the industry’s Code of Practice. This classification necessitates an immediate notification to the Reproductive Technology Accreditation Committee (RTAC). It seems that no such report was filed at the time. Rather than face any consequences, the pair entered into a non-disclosure agreement, taking payment to guarantee that they would not speak about what occurred. Widespread confusion and anger over the breakdown of communication has led to calls for widespread reforms within the rapidly growing industry. Even more, it uncovers disturbing systemic problems in how fertility clinics operate.
Details of the Incident
The IVF mix-up case at Queensland Fertility Group (QFG) that was part of Virtus Health at the time. The couple opted for a sperm donor who had certain characteristics. They needed one with light coloring, especially fair hair and blue eyes, to project the look of the father. After giving birth to their child at a Brisbane birthing facility, they were met with a horrifying reality. Raising a child not quite looking like they had imagined.
While family friend Jo Bastian recalled the couple’s desperate attempts to get answers from the clinic.
“They went to the clinic three times, and the clinic dismissed them.” – Jo Bastian
The couple felt isolated and unsupported during this troubling time. Despite the appointment and preparation, Bastian said there was little follow-through on the clinic’s part after the child was born.
“The mother felt very, very isolated and there was never any contact from the clinic to see how she and the baby were going.” – Jo Bastian
This failure to coordinate made an extremely stressful, impactful situation even worse on the parents. Bastian recounted this as “a really aggressive moment,” noting that the clinic offered zero support.
Regulatory Oversight and Accountability
In the context of this recent incident, there is an increasing alarm directed towards the regulatory structure surrounding fertility services in Australia. The RTAC has stated that they had no prior formal or informal knowledge of this incident until it surfaced through media inquiries. In response, they affirmed that there was no record of any notice or complaint filed by QFG about the 2014 incident.
“There is no record of any notice or report made by Queensland Fertility Group (QFG) … in relation to the incident that took place in 2014.” – RTAC
Queensland Fertility Group acknowledged that, as of the time of the incident, regulations did not mandate reporting such occurrences. It was this absence of duty that they knew full well. They alleged that the issue was handled in a professional manner and the issue was satisfactorily resolved with the patients in question.
“This incident occurred more than a decade ago and was overseen by the former public company board and management of QFG.” – Queensland Fertility Group (QFG)
Even with these stated, MPs feel that the oversight provided is insufficient. Karin Hammarberg, a fertility researcher and human rights advocate, has argued for more transparency in the fertility sector. She noted that patients have the right to know about adverse events and what is being done to avoid them.
“Although the taxpayer pretty much funds a big part of the fertility industry, we really have no way of knowing to what extent adverse events happen and, more importantly, what’s done within clinics to prevent them from happening again.” – Karin Hammarberg
Calls for reform have increased dramatically after this announcement. Industry insiders and fertility advocates contend that the RTAC must be replaced by an independent regulator that can make sure fertility clinics are properly held to account.
“A new regulator that is completely separated from the industry would be a much-preferred option,” – Karin Hammarberg
Industry Response and Future Implications
Australia’s health ministers took decisive action this June. They announced a national “rapid review” of the national fertility industry in the wake of this disaster and the increasing public outcry. The review seeks to fill gaps in existing regulation and ensure a comparable level of patient safety across all clinics.
This incident calls into question Virtus Health’s professed dedication to transparency. When the fraud occurred, Virtus was a public company. They were legally obligated to disclose material events to shareholders. Yet the company’s inability to achieve this has drawn criticism for the company’s poor governance practices.
“Shareholders want to be kept informed around a company and the risks and when an incident does happen … they need to have the trust and confidence that it has been resolved and it won’t happen again.” – [source not provided]
Virtus Health admitted that communication between the former management and the families involved was lacking. They repeated under oath that they never intended to conceal what had happened.
“While we acknowledge some shortcomings in the communication between the former management and the family, we do not believe the former board and management engaged in a ‘cover up’.” – Virtus Health
Debates over regulatory reforms and accountability measures to Australia’s burgeoning fertility industry have reached a boiling point. That’s why these experts are all stressing the importance of not repeating past mistakes.
“We have to take learnings from mistakes. That’s the bottom line.” – Karin Hammarberg
By addressing these problems today, we can ensure that future tragedies do not occur. This will go a long way towards establishing the trust and safety families pursuing fertility treatments deserve.
