Egg freezing error may have widespread effect on women in the UK, lawyer warns

Women across England and Wales may have been affected by a faulty product at egg freezing clinics, leaving some potentially unable to have children, a lawyer representing possible victims said.

Guy’s Hospital in London issued an apology to 136 women on Wednesday after discovering it may have inadvertently used defective batches of a freezing solution in September and October 2022.

The manufacturing issue could adversely affect the chance of frozen eggs or embryos surviving the thawing process, a spokesperson for the hospital said.

The Human Fertilisation and Embryology Authority (HFEA), the fertility regulator, said the solution “may have been distributed” to other clinics across the UK, although it was only aware of its use at Guy’s Hospital and at a smaller clinic in Sheffield.

It is believed that many of the women affected have subsequently had cancer treatment, which may have left them unable to conceive with their own eggs.

Catherine Slattery, a medical negligence lawyer at Irwin Mitchell, said the firm was contacted by a number of women who could be affected.

“Some women are based in London and received treatment at Guy’s Hospital, while others are based elsewhere in England and Wales,” she said.

Ms Slattery said that victims could potentially pursue legal actions against the product supplier or the relevant hospital.

She told i: “I imagine by now a lot of people have found out – or been [informed of] what happened. They now need to discuss with their treatment provider or physician to work out what their next steps might be.

“In terms of legal claims, there are options available to those affected. Product liability will lie with the manufacturer if this was the issue.

“Medical negligence claims will also be available if the problem lies with the hospital.

“However, these legal claims process are very stressful and we are dealing with people who may have been harmed.

“Fertility treatment is such an intimate emotionally exhausting process, I can imagine that starting a legal claim will be hard for people.

“It’s not an easy process and this will be incredibly upsetting to individuals and their family.”

‘A lot is riding on this process for people’

Belle June, 31, is currently fundraising for egg-freezing treatment after she was diagnosed with endometriosis and had her fallopian tubes removed.

Reading the news about the faulty egg freezer, Ms June told i she felt “really sad for the people going through it” and also questioned whether freezing her eggs was the right path for her moving forward.

Ms June, a tour manager who lives in London, said: “It’s just making me really nervous about the process.

“It’s already not a very pleasant process… and physically it’s also extremely expensive and underfunded.”

For the 31-year-old, due to her health conditions, freezing her eggs would be her only chance to have children.

Belle June is fundraising to have her eggs frozen after being diagnosed with endometriosis (Photo: Supplied)

“A lot is riding on this process for some people. It can be their last chance,” she said.

“To read that damage like that can happen to your eggs makes me question whether I would still do it.

“I don’t know the answer, but I think I still would.

“I think there is much more pressure on egg-freezing for people with a health issue – people that don’t still have a chance to conceive.

“Obviously in the position of those who have lost eggs, I would be devastated.

“It’s really, really bad – there would be disappointment and anger.

“Its a heavy subject. It’s sad because even on the financial aspect, there is no support in place for this process and the impact on your mental health would be enormous.”

In February 2023, US firm Cooper Surgical issued an urgent safety notice about its freezing solution, saying that one “lot” of the product “may contain mislabelled vials” which “may impact the viability” of the eggs or embryos.

The Human Fertilisation and Embryology Authority (HFEA) said that the Guy’s Hospital clinic nonetheless continued to use the product several months later.

The HFEA confirmed it is investigating the incident.

“We will take any further action required as a result of this investigation, in line with our standard incidents process,” HFEA director of compliance and information Rachel Cutting said.

“We are aware that this affected product may have been distributed to other UK clinics, although the HFEA is currently unaware of any other licensed clinic where patients have been affected.”

Guy’s has apologised for the 12-month delay in notifying the 136 women affected.

The fertility regulator revealed that a second centre in Sheffield may have also used the faulty egg and embryo-freezing solution.

Jessop Fertility, based at Sheffield Teaching Hospitals NHS Foundation Trust, identified 29 people whose eggs or embryos were frozen over a period in August 2022 when the defective product was used.

The clinic found that the faulty fluid was not used in 28 of the cases identified.

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Dr Jennifer Hill, medical director at Sheffield Teaching Hospitals NHS Foundation Trust, said the remaining person was contacted at the time and “did not require further actions to be taken”.

The HFEA said it had decided not to investigate Jessop Fertility as the clinic “undertook a thorough investigation when they first became aware of the issue and contacted and supported any patient affected”.

The HFEA advised any fertility patients concerned that the issue may have affected their frozen eggs or embryos should contact their relevant clinics.

Ms Cutting from the HFEA added that further action will be taken to ensure an error like this does not occur again.

“The HFEA investigates incidents in clinics to make sure that everything is done to understand what went wrong, and crucially, to take steps to ensure it does not happen again,” she said. “We also share learning and notify other clinics of potential issues.”

Guy’s Hospital has set up a dedicated phone line for patients. The NHS-operated clinic also stated that those affected can seek support through their counselling service.

Guy’s Hospital has apologised and said the delay was partly because of “uncertainty from the manufacturer about which batches were affected”.

A spokesperson for Guy’s and St Thomas’s NHS Foundation Trust added: “While we did not know about the potential issue at the time eggs or embryos were frozen, this manufacturing issue may adversely impact the chance of frozen egg or embryo survival during thawing.”