Class Action Suit Alleges PGT-A Testing from Ovation Fertility Is Misleadingly Advertised as Effective, Accurate

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A proposed class action lawsuit alleges the companies behind Ovation Fertility have falsely touted the benefits of their preimplantation genetic testing for aneuploidy (PGT-A) while actively concealing the unreliability of the add-on treatment for in vitro fertilization (IVF).

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According to the 92-page case, defendants FPG Labs, US Genetic Lab and US Fertility have deceptively marketed PGT-A testing from Ovation Fertility as a process that is 98 percent accurate, increases the chance of pregnancy, decreases the risk of miscarriage, reduces the time to get pregnant and benefits everyone. In reality, there exists no conclusive scientific evidence to support these claims, the lawsuit alleges.

Related Reading: PGT-A Testing Lawsuits

The complaint explains that PGT-A is a procedure used to screen embryos for chromosomal irregularities prior to implantation, and has long stirred debate within the field of reproductive medicine. Research indicates that there is no difference in clinical pregnancy, miscarriage or live-birth rates between IVF cycles that use PGT-A and those that do not, the case says. Additionally, studies show that the accuracy rate of PGT-A is significantly below 98 percent, the complaint relays.

Indeed, the filing claims, not only is there a lack of sufficient evidence showing that PGT-A effectively improves an individual’s chances of having a successful, healthy pregnancy, but scientific authorities warn that testing could potentially be harmful.

Per the lawsuit, a 2016 study found that PGT-A testing has a false positive rate of almost 55 percent. In these cases, embryos that could have been viable and resulted in live birth are deemed unsuitable for transfer and discarded, the complaint says.

The plaintiffs in the case are nine consumers who say they each spent thousands on PGT-A testing from Ovation based on the defendants’ alleged misrepresentations about the benefits of the add-on treatment.

“[The defendants] knew about the problems and issues with PGT-A, that it was unproven, inaccurate, and unreliable, as well as the status of scientific knowledge concerning PGT-A, but failed to disclose these material facts to [the plaintiffs] and class members,” the filing stresses.

The plaintiffs contend that they would not have bought the PGT-A testing had they known it was misleadingly advertised—misconduct the case claims has allowed the defendants to reap millions in profit each year at the expense of vulnerable and unsuspecting consumers.

The lawsuit looks to represent anyone in the United States who has purchased PGT-A testing from Ovation Fertility.

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