Woman Drops 2 UCI Doctors From Lawsuit

Two physicians have been dismissed as defendants in a lawsuit resulting from the UC Irvine fertility clinic scandal, the attorney who filed the suit said Tuesday.

Drs. Jose P. Balmaceda and Sergio C. Stone were dropped from the case because they were not involved in the care of patient Sherry Mirkis, one of more than 40 women to sue three UCI doctors and the university alleging her eggs were stolen, said Mirkis’ attorney, Patrick McCormick.

The lawsuit is the only one to have been served against Balmaceda. Stone was named in the suit but not served, said his attorney, Karen Taillon.

Attorneys for Balmaceda and Stone had requested the dismissal, arguing that their clients did not practice at the UC San Diego clinic where Mirkis was treated.

Ricardo H. Asch, the former UCI clinic director, was the only one of the three partners to practice there. He and the UC regents remain defendants in the case.

The three doctors have been accused by the university of stealing eggs and embryos from as many as 70 women and implanting them in others at four Southern California clinics. They have denied any intentional wrongdoing.

Balmaceda left the country last year for his native Chile and Asch is living in Mexico. Stone, the only doctor to remain in the United States, has been indicted on 10 counts of mail fraud and remains in custody.