Frustacis to Settle Fertility-Treatment Suit

Against the wishes of a doctor accused of malpractice, Patti Frustaci, a Riverside woman who gave birth to the nation's first septuplets in 1985, and her husband, Sam, have agreed to settle their suit against the infertility clinic that treated her, representatives for both sides said Monday.

Terms of the settlement will not be revealed until it is made final and recorded in Santa Monica Superior Court today.

The Frustacis, whose babies were born at St. Joseph Hospital in Orange, allege that infertility specialist Dr. Jaroslav Marik did not properly monitor a powerful fertility drug, leading to physical and developmental impairment of the septuplets. Only three survive.

Marik denies the allegations and has strenuously objected to any settlement discussions, which went on without his consent, an unusual occurrence in malpractice cases.

Browne Greene, the Frustacis' attorney, said Marik will be dismissed as a defendant, the only way Tyler Medical Clinic could settle the case.

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