Fertile Ground (28 page)

legally underage when her eggs were taken, I believe we can ask for DNA testing.”

“But only to ascertain negligence or malpractice for the purpose of claiming damages.” He turned to the clinic’s attorney. “Mr. Thompson, is your client prepared to admit that it received eggs from Ms. Wright?”

“We’re prepared to say that eggs were retrieved from Ms. Wright. We’re not prepared to accept the graphologist’s report as conclusive. We intend to retain our own graphologist to examine the documents in question.”

A waste of time. Lisa thought, irritated. Everyone knew the documents had been forged. This meeting was a waste of time. Matthew’s killer was out there somewhere, and these lawyers were playing games. She wondered anxiously where Barone was now, what he was learning.

“And in the meantime,” Jean Elliott said, “my clients are forced to wait, to wonder who has their daughter’s eggs. My clients want to be involved in their grandchild’s life. Your Honor, from the beginning. They don’t know whether the recipient has given birth, whether she’s giving birth today or tomorrow or the next day.”

“Do I have to remind you. Counselor, that we’re not here today about custody?” The judge fixed his blue eyes on her. He sounded annoyed. “Mr. Thompson, do you know the identity of the woman who received Ms. Wright’s eggs?”

The attorney turned to Edmond, who said, “Your Honor, Dr. Brockman is prepared to answer that question.”

Lisa had Chelsea’s papers with her, though she didn’t need them. “Two patients received Ms. Wright’s eggs, Your Honor. One of the patients never conceived.” Poor Cora, she thought again. “And there’s a problem as to the identity of the other woman.”

“Explain that, please.” The judge’s tone was crisp.

In the parking lot, Brian Thompson had warned her to give as little information as possible. “The other patient identified by code number as the recipient of Ms. Wright’s eggs wanted to ascertain that the embryos she received were the product of her eggs and her husband’s

sperm. She and her husband hired a person who observed every stage of the in vitro process.”

Jean Elliott was staring at her. So were the Wrights.

The judge said, “Did she mistrust the clinic procedures?”

“No. She and her husband are devout. They did this for religious reasons at the suggestion of their religious advisor.”

“I see. Does this woman have an affidavit to that effect?”

“No. The person they hired is out of the country. They’re trying to locate him.” Lisa hoped they’d find him soon.

Jean Elliott said, “Your Honor, in regard to our complaint for damages, if the clinic is unclear as to the identity of the recipient of Ms. Wright’s eggs, then we will certainly need to have DNA testing done on this woman.”

Thompson said, “May I suggest that we wait until we get the affidavit from this person?”

“We’re not prepared to wait. And the truth is. Your Honor, an affidavit will only attest to what this person observed and the specific times he was in attendance.”

“That’s true.” The judge faced Lisa. “Dr. Brockman, can you be more specific as to what this person observed, and when?”

Lisa described in detail the times the shomer had been there. “He signed the labeled test tubes containing the patient’s retrieved eggs. He signed the labeled sperm from her husband, and he signed each of the labeled petri dishes in which the sperm and egg were combined.”

The judge turned to Jean Elliott. “Counselor?”

“Ordinarily, Your Honor, I’d be impressed. But this clinic is being charged with embryo switching. It’s certainly possible that—”

“Those allegations have been made only by the media,” Thompson cut in firmly. “No charges have been filed.”

“A member of the district attorney’s office advised me that a formal investigation is going to be conducted.” She addressed the judge. “Your Honor, if embryo switching

has taken place at the clinic, I would argue that someone could have tampered with the eggs and/or sperm of this unidentified couple, regardless of the precautions they took.”

The judge drummed his fingers on his desk. “Dr. Brockman, is it possible, given the presence of this observer, that your patient received fertilized eggs that weren’t hers?”

This time everyone was looking at Lisa. She didn’t know why her hands were suddenly clammy. “It would be highly unlikely.”

“But not impossible? What amount of time elapses from the point when the eggs are retrieved to the time that they’re fertilized with the sperm?” His tone was genial, unhurried.

“Approximately two to three hours.”

“Where are the eggs at this time?”

“In an incubator in the lab.”

“People are coming and going in this lab?” he asked.

“Only lab and medical staff. The door is locked at all times.”

“And the observer was there, too. Is that correct?”

“I didn’t personally see him there, but the lab tech did. I did see him in the operating room, where he initialed the test tubes with the eggs I retrieved from Mrs.—” Lisa stopped herself in time. “From the patient.”

“That’s nonresponsive. Your Honor,” Jean Elliott said.

The judge glared at her. “And we’re not conducting a trial here, Ms. Elliott.” He faced Lisa again. “Was the observer in the lab for the entire three hours?”

“I don’t know.”

“Your Honor, may I say something?” Jean Elliott asked.

“As long as it’s responsive.” He scowled.

“Thank you. Your Honor.” She had colored slightly. “Dr. Brockman explained that the observer was hired to witness every aspect of the in vitro process. That would include egg retrieval, sperm retrieval, fertilization, and

embryo transplantation. Did I leave anything out. Doctor?”

Lisa said, The observer was also present each time a lab technician examined the egg and sperm in the petri dish.”

“That would make sense. Doctor, because he would have to testify that no other sperm was mixed with the patient’s egg and the husband’s sperm. But during the two-to three-hour interval before the egg is mixed with the sperm, and it’s just sitting in the incubator, what purpose would there be in having the observer wait and watch an incubator?”

“Are you being facetious, Ms. Elliott?” the judge asked sternly.

“I apologize. Your Honor. The fact is, the observer was there to verify that everything was conducted normally. He wasn’t there with the expectation that someone would willfully try to switch eggs. He labeled the test tubes. There was no reason for him to remain in the lab during that two-to three-hour period.”

She was right. Lisa thought.

“And as far as the labels are concerned, if someone willfully switched Ms. Wright’s eggs for this woman’s eggs, that person could have duplicated the witness’s signature on the test tube or petri dish. I would argue that the coded information is correct, and that this patient did in fact receive Ms. Wright’s eggs. But to be certain, and to proceed with our complaint for damages, we will ask that the child undergo DNA testing.”

The silence in the room was almost palpable.

“Mr. Thompson,” the judge finally said, “Ms. Elliott’s argument is persuasive. Given the fact that this observer is out of the country and unable to be located, and given the alleged charges against the clinic, I’m going to assume that the computer is in fact correct.” He made a note on a pad in front of him. “By ten o’clock tomorrow mom ing, I want your client to release the identity of the patient who received Ms. Wright’s eggs.”

“My client can’t do that. Your Honor. That will constitute a violation of privacy and of patient-doctor privilege. We will file an objection to the production of any files and/or information.”

“And we will file a motion to compel you to submit the files and information,” Jean Elliott responded calmly.

Round two. Lisa thought.

“So we’re looking at a full hearing,” the judge said. “You’re only buying time, Mr. Thompson.”

Jean Elliott said, “I have just a few more questions for Dr. Brockman, if I may. Your Honor.” When he nodded, she turned to Lisa. “Dr. Brockman, has your patient given birth yet?”

“No.”

“How many eggs did you retrieve from Ms. Wright?”

Thompson had told her she could answer this question. “Sixteen. Eight went to each patient.”

“And how many embryos were implanted in your patient?”

Lisa glanced at Thompson. He nodded. “Four,” she said.

“Is your patient carrying a single fetus or multiples?”

Thompson said, “I don’t see relevance. Your Honor.” He was frowning. So was Edmond.

“It’s relevant. Your Honor, because the number of fetuses will have a definite impact on the damages we will be seeking.”

The judge nodded. “Dr. Brockman, please answer.”

“The patient is carrying twins.” From the corner of her eye, she could see Enid Wright clutching her husband’s hand.

Jean Elliott was smiling.

The woman was waiting outside the courthouse entrance when Lisa walked out of the building with Edmond and Brian Thompson. The Wrights weren’t there. Lisa supposed they’d left.

“I thought you should know I’ve been approached by a number of other patients from your clinic,” Jean told Edmond.

“Thank you for the information.” His tone, like hers, was cool and businesslike.

“You could save yourself attorney’s fees if you gave us the name of the patient who received Chelsea Wright’s eggs. I think it’s obvious Judge Gilbert will rule in our favor.”

“Jean, you know we can’t do that,” Brian said. “We’d be opening ourselves to a lawsuit for violating patient doctor confidentiality. You don’t need the name of the patient to proceed with your suit for damages.”

“We’re going to sue for custody, Brian.” Her tone was grave.

He snorted. “You heard Gilbert. No judge will give the Wrights custody.”

“In this case?” She raised her finely penciled brows. “Their only daughter was murdered, Brian. Her eggs, which were retrieved when she was underage, are now twin embryos being carried by a woman who could have other children. The Wrights have no other possibility of having grandchildren. I think a judge would seriously consider these unique factors in deciding custody.”

Lisa said, “We don’t know that these embryos resulted from Chelsea’s eggs.”

“The coded number says they did. I think we’ve established that although this couple had someone witness the IVF, someone else could have substituted Chelsea’s eggs for your patient’s.”

“All of my patient’s eggs were viable.” Lisa was trying to stay calm. “She didn’t need donor eggs. Why do you want to disrupt her life and put her and her husband through needless turmoil?”

“I sympathize, but my priority is my clients. I don’t know why someone would switch eggs. I do know that your clinic is accused of embryo switching. If these twins didn’t result from Chelsea’s eggs, the sooner we conduct DNA testing, the sooner your patient has peace of mind. If they did …”

“No judge will take these babies from the birth mother,” Brian said again.

“I’m not so sure. The babies haven’t been born, so no bonding would be disrupted.” Jean switched her briefcase to her other hand. “There are two babies and two sets of

parents who want them. King Solomon had to decide custody over one baby.”

Brian frowned. “Separating twins is contrary to their best interest. Any psychologist will say as much to the judge hearing the case.”

She smiled. “I have another appointment. I’ll see you in court.” She turned and headed toward the parking lot.

Edmond watched her go, then faced Brian. “What do you think?”

“I can’t see a judge separating twins or taking them away from the birth parents—unless Jean proves they’re unfit.”

“They’re wonderful people,” Lisa said. “They have a nice home. She’s a paralegal. He’s studying to be a rabbi.”

“That’s good.” Brian nodded. “On the other hand, the decisions of California judges reflect the feeling that children should be exposed to as many relatives as possible. Not shared custody, but liberal visitation.”

“My patient and her husband are Orthodox Jews. The Wrights are Christians. What if they disagree on how to raise these children?” Lisa realized with a sinking feeling that she’d already accepted the possibility that Naomi had received Chelsea’s eggs.

“Legally, the custodial parents decide on the education and religious upbringing of their children. The judge can give the Wrights instructions, but will they follow them exactly?” The attorney shrugged.

“I appreciate your taking the time to talk to me again. Dr. Brockman. I won’t take long.” Gina Franco smiled.

“Five minutes, you said.” The reporter had ambushed Lisa in Reception and she hadn’t been able to escape talking to her, not with an empty waiting room belying that she was too busy.

“Five minutes,” Gina agreed. “I want to tell you how sorry I am about Dr. Gordon. I heard they found his blood in the trunk of his car. I guess you were right about him.” She looked at Lisa questioningly, clearly inviting more information.

Every time Lisa thought about Matthew’s blood, she felt ill. “You had some more questions about IVF?” she asked pointedly.

“Right.” The reporter opened her notepad. “Is it true success rates drop with each subsequent procedure?”

“Statistically, yes. But each patient has individual problems, and we try to find individual solutions.”

“Bottom line, though: if I were having my third IVF cycle, would I be more likely or less likely to become pregnant?”

“In general, less likely,” Lisa admitted with reluctance. “But again, we don’t deal with generalities. We deal with people.”

Gina nodded. “So here’s my next question: if that’s so, how can your clinic and others like it afford to offer money-back guarantees for women under forty who don’t conceive after three IVF cycles? Aren’t you running the risk of going broke?”

“I hope not.” Lisa smiled lightly. “The fact is, we offer the guarantee because we’re confident we can help women conceive, because we’ve done it over and over again.”

“I see.” Gina wrote on her pad, then looked up. “Next question. How extensive is your egg donor program?”

“Rather extensive. There’s a shortage of eggs, now that patients are freezing their embryos for later IVF attempts instead of donating them.”