Richard Gladu, Jr. was awarded $108,000 from a Massachusetts fertility clinic whom he sued for allowing his wife to be implanted with a frozen embryo without his consent.
Gladu and his wife, Meredith McLeod, had the frozen embryos created and implanted so that McLeod, who was infertile, could have a child.
But in the mid-1990s the couple had a rocky marriage, eventually ending in divorce. Despite Gladu’s claim that he told his wife he did not want any more children, McLeod returned to the clinic in 1995 to be implanted with the remaining embryos resulting the birth of a girl.
Gladu sued the Boston IVF clinic seeking $3 million in damages for breach of contract. Gladu argued that the clinic had a duty to seek his consent before implanting the embryos.
A jury agreed, though awarded Gladu only $108,000 — $98,000 for the cost of raising the child and $10,000 for emotional distress. The jury did not, however, agree with Gladu’s contention that the doctors involved had acted negligently.
Sources:
Ex-husband sues clinic over birth of daughter. John Ellement and Thanassis Cambanis, Boston Globe, January 15, 2004.
Man gets $108,000 from fertility clinic. Jay Lindsay, Associated Press, January 30, 2004.