Baby Gender Mentor - Accuracy of The Test Disputed

Accuracy of The Test Disputed

At least 40 women have come forward to say their Baby Gender Mentor tests predicted the wrong sex. According to a National Public Radio (NPR) report, the company has explained certain inaccurate results as being the result of a vanishing twin, a fetus that stopped growing soon after fertilization. Vanishing Twin Syndrome occurs when one of the fetuses in a twin pregnancy spontaneously aborts, usually during the first trimester. The fetal tissue is absorbed by either the other twin, the placenta, or the mother, thus giving the appearance that the twin "vanished". This usually results in a normal, "single" pregnancy. Vanishing twins would theoretically explain apparent errors in the Baby Gender Mentor test: if fraternal twins, one male and female, were present when the test was taken, the test should indicate the presence of a male embryo and a female embryo; when the male embryo later "vanishes", leaving the female baby to develop normally, the test would appear to be in error, despite being accurate at the time.

The medical community is not in agreement about how frequently vanishing-twin phenomena occurs. Two papers have reported that a vanishing twin may occur in 12% of all pregnancies, with other studies reporting as little as 3%. However, even if vanishing twins are assumed to be a common occurrence, they do not explain all of the apparent incorrect results. According to Acu-Gen's website, they can predict a mixed sex set of fraternal twins, so the test should have predicted twins instead of predicting a single baby whose sex turned out to be incorrect.

With Acu-Gen choosing not to publish proof of its claims and evidence of several women receiving inaccurate predictions, doctors are concerned about the test. Among the scientific evidence cited by Acu-Gen's web site is a paper co-authored by Diana Bianchi, an expert on fetal DNA at Tufts University. The NPR story quoted Bianchi as saying, "I think at the present time we need to be concerned whether the test is accurate or not", and "I think it's caveat emptor. Let the buyer beware." Another criticism has come from Sandra Carson, professor of obstetrics and gynecology and involved in research in sex selection. Carson says, "Until Acu-Gen releases its data, there's no way to know the test's reliability. Until that's out, I think it shouldn't be on the market." Carson at that time was at the Baylor College of Medicine. Dr. Charles Lockwood, chairman of obstetrics and gynecology at Yale School of Medicine, said that it is possible for fetal DNA to be found in maternal blood as soon as the placenta has developed, and that detection after five weeks "is not impossible" and the president of Acu-Gen said the suit was "totally bogus".

There are multiple legal challenges and investigations under way. Gail O'Conner, a spokesperson for the Illinois State Attorney General, says that they are investigating PregnancyStore.com for possible fraud. Florida Congressman Jim Davis has urged the FDA to investigate Acu-Gen, and the Florida Attorney General has opened an investigation against Acu-Gen. A law firm named Gainey & McKenna has filed a class action lawsuit and at least one other firm is inviting people to contact them about their legal rights if they are unhappy with the results of their test. Gainey & McKenna's lawsuit seeks to bar the company from false advertising in marketing its test and to compel the firm to honor its money-back guarantee. The law firm cites seven areas of contention, including the veracity of the accuracy claims and the violation of HIPAA and other laws.