Balmaceda’s New Lawyer Seeks to Force UCI to Pay Legal Fees

A new attorney defending Dr. Jose P. Balmaceda in lawsuits stemming from the UC Irvine egg-swapping scandal filed a petition Wednesday seeking to force the university to begin paying the doctor’s legal fees.

The petition relates to one of about 50 lawsuits former patients have filed against Balmaceda and his two partners, doctors Ricardo H. Asch and Sergio C. Stone. Balmaceda’s new attorney, Daniel J. Callahan, claims that Balmaceda never worked in the clinic in which the patient was treated.

The patient, Sherry Mirkis, was seen at a clinic in UC San Diego, where only Asch worked, according to the petition. UC regents have declined to defend either Asch or Balmaceda in any litigation thus far, saying both acted outside the scope of their employment in the scandal.

A judge has ordered the university to pay for the defense of Stone in the lead case filed against the trio, but the university is seeking to reduce the scope of that order, according to Stone’s attorney, Karen Taillon. The university also is refusing to pay for Stone’s defense in any other cases, Taillon said. University attorneys could not be reached for comment Wednesday.

The doctors are accused of stealing the eggs and embryos of scores of patients and implanting them in other women, some of whom gave birth. All three have denied any intentional wrongdoing.

Callahan said he was recently retained by Balmaceda, who is now living in Chile, to pursue an aggressive strategy in the lawsuits against him. Callahan, who is replacing Irvine attorney Patrick Moore as Balmaceda’s civil lawyer, said he anticipates taking similar action in other cases against the physician.