The partner of an 49-year-old IVF patient who bled to death after giving birth to twins are suing the hospital and a fertility specialist over her tragic death.
Fiona Hayne’s de-facto partner Blake Ind claims the mother was the victim of a ‘litany of failures’, including the alleged implanting of two embryos instead of one during IVF treatment.
The claim for $1.84million has been submitted to Queensland’s Supreme Court and also alleges the mother was initially turned away from hospital because of a lack of beds.
Fiona Hayne died at Gold Coast University Hospital on June 2, 2018, after giving birth to twins
According to Mr Ind’s claim, Ms Hayne lost about three litres of blood after the placenta abruption and her organs shut down.
Her newborn twins, Austin and Oakley, survived the ordeal.
The hospital where Ms Hayne died and fertility specialist Andrew Cary are at the centre of the claim.
Ms Hayne’s partner of six years Blake Ind, 31, is suing for negligence and is claiming damages for the cost of raising the twins without Ms Hayne and for nervous shock.
The claim accuses Dr Cary of causing and/or contributing ‘to Ms Hayne’s death by breaching his duty of care to Ms Hayne when he inserted two frozen embryos using IVF donor eggs on September 22, 2017, instead of one embryo’.
The lawsuit alleges Dr Cary did not advise Ms Hayne about the risks of IVF pregnancy as a 49-year-old women.
Ms Hayne’s partner of six years Blake Ind (right), 31, is suing for negligence and is claiming damages for the cost of raising the twins without Ms Hayne and for nervous shock
He also allegedly failed to discuss the chance risks of suffering placenta previa from the implantation of two embryos.
An ultrasound one month before the birth found Ms Hayne had major placenta previa.
This meant Ms Hayne’s placenta was covering her cervix. In these situations, C-sections are recommended.
The family also claim the hospital did not give Ms Hayne appropriate duty of care when her elective cesarean section scheduled for May 31, 2018 was delayed ‘due to the unavailability of beds’
The case could lead to landmark changes, leading lawyer and past president of the Queensland Law Society Bill Potts said.
‘(Depending on the outcome of the case) you could see doctors stop performing IVF procedures on older mothers almost immediately,’ he said.
Fiona Hayne’s family claim the mother was the victim of a ‘litany of failures’, including the alleged implanting of two embryos instead of one during IVF treatment