Fertility patients lose thousands after clinic goes into liquidation

Patients of a fertility clinic that has gone into liquidation have been left out of pocket after being told they are unlikely to get back the thousands of euro they paid in advance for tests and treatments.

The Kilkenny Clinic closed suddenly in January, leaving debts of more than €461,000 following the illness of its owner and medical director, Dr Martine Millett-Johnston.

She has now confirmed to patients that the business is being liquidated and while she hopes to get back into practice when her own health improves, the clinic will not be re-opening.

One patient who asked not to be named said she had lost €1,500 and, after a meeting of creditors, she had given up hope of it being returned.

“Dr Millett-Johnston apologised to everyone at the meeting but the solicitor there told us there was really no chance of getting the money back.

“It’s not a huge amount of money — about €17,000 in total — compared to what the clinic owes to other creditors but one couple lost about €4,000 and others like ourselves, between €1,000 and €2,000.

“It’s a lot of money to people like us because it’s only the start of what can be a very, very expensive process, and it comes at a very sensitive time because infertility is an emotional issue.”

In the days before the clinic’s closure, Dr Millett-Johnston arranged for all patient charts, frozen embryos and other precious materials to be transferred to the Clane Fertility Clinic in Co Kildare.

Patients were able to continue their treatment there or to move to another clinic in Kilkenny where the second doctor from Dr Millett-Johnston’s clinic transferred.

“Our actual treatment wasn’t compromised so we have no issue with that,” the patient said. “But we did have to have tests redone because clinics prefer to conduct their own tests so there was the inconvenience of it as well as the additional cost.”

A spokesperson for the Companies Office confirmed that a liquidator had been appointed to the Kilkenny Clinic and that the company was in the process of being wound up.

Some €461,579 is owed to unsecured creditors, among them a local building contractors, a bank and numerous medical supplies companies. Patients are owed a total of €17,315. There was no response from the Kilkenny Clinic offices or from Dr Millett-Johnston’s home yesterday.

Fertility clinics are not yet regulated by law in Ireland despite a government-appointed commission concluding nine years ago that legislation should be enacted without delay.

Most clinics here work to British standards and follow their example in having a back-up agreement with another clinic if charts and materials have to be moved suddenly.

The Department of Health said yesterday Minister James Reilly was examining proposals to regulate all forms of assisted human reproduction. “He will make a decision on these matters in due course in the context of on-going legislative priorities.”