Is there legal council here to reply? HIV test error during IVF cycle

[chouchou]

Live in NYC, just went through an IVF cycle in NJ. Independant lab made an error in husband's Elisa/Western Blot (which are considered the golden standards in detecting HIV). Clinic requested we have 2 additional tests done. Can't blame them, they have never seen these positive results for HIV! Lab even re-tested same bloods and came back positive. 2 more tests were done (1 at this same lab and another lab - both anonymous) and came back NEGATIVE.

Insurance only covers 1 fertility cycle, could not cancel: was already on hormones for several weeks; cycle failed.

I would like to receive compensation from the Lab for another IVF cycle. I'm not saying that the HIV results caused our failed cycle but it DEFINITELY caused grievous harm, mental anguish and stress which works towards the detriment of any fertility plans. It also caused a delay of almost 3 weeks. Plus husband's records are with the state health department indicating he has HIV!

Can I take this case to civil court on my own? Lawyers I have spoken to say I have a case but that this is too small for them. The cost of a fertility cycle is anywhere from 20-30K!

Thank you

 

[vrzirn]

I DO NOT recommend you try this pro se. You will drown in the deep water and get eaten by big fish. Talk again to one of those attorneys and ask if they know young lawyer, just starting out, who will take this for you. Perhaps he can negotiate a settlement that will recoup most of your financial loss. Even so, be prepared for a lot more aggravation.