HYDERABAD: The District Consumer Disputes Redressal Commission-I, Hyderabad, has held Apollo Fertility Centre, Banjara Hills, and one of its fertility specialists liable for medical negligence and awarded Rs 5.5 lakh compensation and litigation costs to a Hyderabad-based doctor couple.
The couple had to terminate their five-month pregnancy after the foetus was diagnosed with severe chromosomal abnormalities.
The commission found that the hospital failed to recommend genetic tests before embryo implantation during an IVF procedure. The complaint was filed by paediatricians Dr P Raghu Praneeth and Dr Surya Deepika, who underwent IVF treatment in 2023 due to infertility caused by low ovarian reserve.
The couple alleged that despite abnormal reproductive parameters, the fertility specialist implanted an embryo without advising tests such as Pre-Implantation Genetic Testing for Aneuploidy (PGT-A) and Sperm DNA Fragmentation Index (DFI).
Five embryos were created through IVF in July 2023, and one was transferred in October, resulting in pregnancy. A Non-Invasive Prenatal Test (NIPT) later showed a high risk of chromosomal abnormality. Amniocentesis confirmed sex chromosome mosaicism, following which the pregnancy was medically terminated at around 20 weeks in February 2024.
The remaining embryos were later tested and found to have chromosomal abnormalities. The couple argued that a pre-implantation test could have prevented the trauma and sought Rs 65.8 lakh compensation.
Apollo Fertility denied negligence, stating that PGT-A is generally advised for women above 35 years, those with recurrent miscarriages or previous chromosomal disorders. It said genetic abnormalities can occur naturally.
The commission, however, noted that the woman had low AMH levels and the husband had teratozoospermia, indicating abnormal sperm morphology. It observed that despite these risk factors, additional genetic investigations were not conducted before embryo transfer.
The bench held that the subsequent PGT-A recommendation after termination showed the importance of the test and amounted to deficiency in service. It held Apollo Fertility vicariously liable for the consultant’s actions.
Rejecting the couple’s claim for Rs 65.8 lakh, the commission directed Apollo Fertility and the doctor to jointly pay Rs 5 lakh compensation and Rs 50,000 litigation costs within 45 days. Failure to pay would attract 6% annual interest from the date of filing the complaint.
