Heng, Alexis Boon Chin and Roslan, Rosazra and Muhsin, Sayyed Mohamed (2024) Malaysian IVF patients must be warned about US lawsuits involving PGT-A (PGS). Ova.
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Abstract
In Malaysia, IVF patients are frequently encouraged to add costly preimplantation genetic testing for aneuploidy (PGT-A) to their IVF treatment, intended to screen for chromosomal abnormalities. However, evidence on PGT-A’s effectiveness in increasing live birth rates is limited, particularly in certain age groups. Despite this, many IVF patients are unaware that PGT-A has received a "red light" rating in the UK due to concerns over its impact on IVF success rates. Critics argue that some companies have misled patients to profit from their vulnerability, violating core healthcare principles like "non-maleficence." Legal actions are being pursued, with plaintiffs seeking financial and punitive damages for the emotional distress caused by misleading marketing. Berger Montague LLC and co-counsels plan additional lawsuits against companies like Ovation Fertility and Igenomix. Globally, this issue has raised ethical and financial concerns, with calls for transparency and accountability within reproductive health. Recent lawsuits, such as a A$56 million payout by Monash IVF in Australia, underscore the devastating consequences of flawed genetic testing practices. It is hoped that Malaysia's Ministry of Health will adopt stricter regulations to protect patients, emphasizing transparency and full disclosure of the risks and limitations of PGT-A. This awareness is particularly crucial as PGT-A faces scrutiny in the United States, where it has been flagged as a significant concern within the IVF sector. Evidence suggests PGT-A testing can be inaccurate and sometimes misrepresents its effectiveness, with insufficient disclosure of risks like misdiagnosis and potential embryo damage during cell biopsy. While studies show biopsies may not harm high-quality embryos, embryos from older women, who often produce fewer, lower-quality embryos, may be more susceptible to biopsy-related damage.
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