Group proceeding brought on behalf of persons who were provided with cell-free non-invasive pre-implantation testing (nIPT-A testing) on their live embryos between May 2019 and October 2020 and suffered financial loss and psychiatric injury as a result.
The claim alleges that patients were provided the service of niPGT-A testing of their live embryos. Some patients had their embryos classified as abnormal and unsuitable for transfer as a result of this testing. The claim alleges that niPGT-A testing should not have been conducted because there was a substantial risk, not disclosed to patients, that it might produce false positive results and therefore an erroneous determination that an embryo was not suitable for transfer.
The orders of the Honourable Justice Watson made on 24 January 2025 regarding unregistered group member's applications heard on 12 and 18 December 2024 have been published.
Judgment of the Honourable Justice Watson dated 24 January 2025 ([2025] VSC 8)
Orders of Watson J (24 January 2025)
On 26 September 2024, the Court approved a Notice of Proposed Settlement to be sent to group members. Group members should read the notice carefully as the matters set out in the notice may affect their legal rights. The notice can be found below, together with the Court's orders.
The settlement approval application is listed on 12 December 2024 before the Honourable Justice Watson. Please check the Daily List for hearing arrangements on the day prior to the listed hearing date.
On 26 September 2024, the Court approved a Notice of Proposed Settlement to be sent to group members. Group members should read the notice carefully as the matters set out in the notice may affect their legal rights.
Please note that the deadline for objecting to the proposed settlement is 28 November 2024.
The notice required that any unregistered or former group members who wish to partake in the proposed settlement, if approved by the Court, must apply by 28 November 2024.
The notice also required that any group member who object to the settlement must provide a notice of objection to proposed settlement by 28 November 2024.
Please be advised the Notice of Proposed Settlement deadline has now passed.
Third Amended Statement of Claim filed 18 July 2024
Defence filed 27 October 2023
Second Amended Statement of Claim filed 18 August 2023
Group Proceeding Summary Statement filed on 4 March 2021.
Funding Information Summary Statement filed 23 December 2020