IVF Mix-Up Lawsuit, Why a Couple Is Suing Fertility Center And Dr. Milton McNichol & his Clinic of Orlando After Embryo Error
A massive embryo error at IVF Life, Inc. (D/B/A Fertility Center of Orlando) has led to a major legal case as of January 2026. A Florida couple discovered their newborn is not biologically related to them, leading to a lawsuit against Dr. Milton McNichol and his clinic. Here is what families need to know about the case and what happened at the facility.
The Facts Behind the Fertility Center of Orlando Lawsuit
The lawsuit, filed on January 22, 2026, in Orange County, centers on a “fertilization error” that resulted in a couple receiving the wrong embryo. Tiffany Score and Steven Mills welcomed a daughter in December 2025 who displayed different racial characteristics than both parents. Genetic testing confirmed that the child has no biological relationship to either Score or Mills.
The couple alleges that IVF Life, Inc. and Dr. Milton McNichol implanted another patient’s embryo into Score during a procedure in April 2025. This mistake has caused a crisis, as the couple is now trying to find their own three biological embryos that have been stored at the facility since 2020. They are suing for medical malpractice, breach of contract, and emotional distress.
Why the Couple Is Suing Now
The plaintiffs are not just seeking money; they are suing to get answers. They have asked the court to force the clinic to reveal who received their embryos and whose child they are currently raising. As of January 30, 2026, the court is reviewing whether the clinic must notify all patients who had embryos stored at the facility during that same window of time.
The History of Dr. Milton McNichol
The lawsuit highlights that this is not the first time the doctor has faced scrutiny. In May 2024, the Florida Board of Medicine reprimanded Dr. Milton McNichol for failing to follow risk-management plans. The current lawsuit alleges that these systemic failures led directly to the mix-up that occurred in early 2025.
What You Must Know About This Medical Error
Cases involving fertility treatment claims are legally complex because they involve “wrongful conception.” In Florida, these cases fall under Florida Statutes § 766.102, which says providers must meet a specific “standard of care.” When a clinic loses or swaps an embryo, they have likely breached that legal duty.
Risks of Missing the Filing Window
If you were a patient at this clinic, you have a limited time to act. Under Florida law, the statute of limitations for medical malpractice lawsuits is generally two years from the date you discovered the error. If you wait too long after finding out about a potential mix-up, you may lose your right to hold the clinic accountable.
Documentation Needed for a Claim
To prove you were affected by this specific error, you will need:
- Storage Records: Proof of when your embryos were created and stored at IVF Life.
- Transfer Logs: Documents showing the exact date Dr. Milton or his staff performed the transfer.
- DNA Evidence: Genetic testing results showing the parentage of any child born from these procedures.
What to Do Next if You Were a Patient
If you used the Fertility Center of Orlando between 2020 and 2026, you should take steps to ensure your genetic material is safe and accounted for.
Step 1: Request Your Full Medical File
Ask for your “Chain of Custody” reports. These logs show every time a lab technician touched or moved your embryos. If the clinic is slow to provide these, it may be a sign of poor record-keeping, which is a key part of the current lawsuit.
Step 2: Consider Genetic Testing
For many families, the only way to be sure a mix-up didn’t happen is through DNA testing. The lawsuit filed in January 2026 actually asks the court to make the clinic pay for this testing for all patients who had transfers during the period in question.
Step 3: Track Official Court Orders
Keep an eye on the Orange County Circuit Court records. As of January 31, 2026, the judge is deciding if a “Class Action” status is appropriate. This would allow all affected families to join one single lawsuit instead of filing hundreds of individual ones.
FAQs About the IVF Life Mix-Up
What caused the embryo mix-up at the Orlando clinic?
The lawsuit alleges a “lab failure” where the wrong embryo was labeled or selected for transfer. The plaintiffs claim the clinic lacked the double-check systems required to prevent a different family’s embryo from being implanted.
Who is eligible to join the legal action?
Any patient who had an embryo transfer at the Fertility Center of Orlando between 2020 and 2025 may be affected. The court is currently identifying how many other families might have received the wrong genetic material.
What are the parents asking for in the lawsuit?
They are asking for damages to cover the cost of the failed procedures and the lifelong emotional impact. More importantly, they want the court to help them locate their biological embryos.
Is there a deadline to file a claim?
While no specific settlement deadline exists yet, you should act within two years of discovering a problem. For those who just learned of the January 2026 filing, the clock is likely already ticking.
Can I sue if my embryos are still in storage?
Yes, if there is evidence that the clinic’s storage protocols were negligent, you may have a claim for breach of contract or “loss of property,” even if you haven’t had a transfer yet.
How do I find out if my child is part of this mix-up?
The first step is to compare your treatment dates with those in the lawsuit (April 2025 transfer). If the dates align, genetic testing is the only definitive way to know.
Last Updated: January 31, 2026
Disclaimer: This article provides general information and is not legal advice. Laws regarding fertility malpractice vary by state.
If you had a procedure at the Fertility Center of Orlando, you should review your records and speak with a professional about your options.
Stay informed, stay protected. — AllAboutLawyer.com
About the Author
Sarah Klein, JD, is a licensed attorney and legal content strategist with over 12 years of experience across civil, criminal, family, and regulatory law. At All About Lawyer, she covers a wide range of legal topics — from high-profile lawsuits and courtroom stories to state traffic laws and everyday legal questions — all with a focus on accuracy, clarity, and public understanding.
Her writing blends real legal insight with plain-English explanations, helping readers stay informed and legally aware.
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