Lawsuits Accuse California Fertility Clinic of Destroying Embryos, Implanting Them in Patients

A California fertility clinic is at the center of an ongoing legal battle over claims that it transferred ruined embryos to multiple patients, knowing that the embryos had been compromised and could not result in pregnancy. The IVF clinic, Ovation Fertility in Newport Beach, California, faces a growing number of IVF misconduct and embryo loss lawsuits, with at least 11 individuals coming forward to seek justice for the emotional and financial toll this “catastrophic failure” has taken on their lives.

Embryo Mishandling Allegations Against Ovation Fertility

The allegations against Ovation Fertility stem from an incident that took place earlier this year at the company’s Newport Beach laboratory. According to the lawsuits, a lab employee at Ovation Fertility mistakenly used hydrogen peroxide instead of a sterile solution during the embryo incubation process. This toxic exposure allegedly destroyed dozens of embryos belonging to the clinic’s patients.

Ovation Fertility is accused of then transferring these destroyed embryos to would-be mothers, knowing that they were nonviable at the time of implantation and would not result in pregnancy. The lawsuits claim that the fertility clinic was aware of the issue but failed to disclose it to the affected individuals, leaving them to endure the emotional turmoil of failed implantation attempts.

Impact of Catastrophic Embryo Loss on Affected Patients

The impact of Ovation Fertility’s alleged actions has been devastating for the affected patients. Many of them had invested significant time, effort, and financial resources into the IVF process, only to have their dreams of starting a family dashed.

One of the plaintiffs in the litigation, Brooke Berger, shared her heartbreaking IVF experience in a news release: “Ovation Fertility destroyed our last two embryos. It was devastating physically and emotionally to learn that after I had endured all the injections, medications, and painful and invasive procedures, it ultimately was for nothing.” Berger and her husband, Bennett Hardy, say that they want to “ensure that Ovation is held accountable for these entirely preventable errors and that this doesn’t happen again to other couples who are trying to grow their families.”

Lack of Transparency and Alleged Cover-Up

Adding to the affected patients’ distress, Ovation Fertility is accused of attempting to conceal the extent of the damage. According to the lawsuits, the clinic offered partial refunds to the affected individuals, but only if they signed non-disclosure agreements and waived their legal rights. The lawsuits allege that Ovation Fertility misled patients about the viability of the embryos and failed to properly train and supervise its staff, contributing to the catastrophic failure.

“It’s heartbreaking and frustrating thinking about all of the effort we went through, and my wife sacrificing her body physically and mentally with this exhausting process, only to discover the incompetence and a cover-up by Ovation Fertility,” said Hardy in the news release. An attorney representing the plaintiffs says, “We want to know what happened, how it happened, and they want to make sure this never happens again.” 

Mounting Lawsuits and Calls for Accountability

As the Ovation Fertility scandal unfolds, the number of lawsuits against the clinic continues to grow. Currently, 11 patients are represented in the lawsuit, but the total number of plaintiffs is expected to exceed 20 as more affected individuals come forward. The plaintiffs in the IVF misconduct lawsuit are seeking a range of damages, including medical and other special damages, lost earnings, and punitive damages. They are also calling for greater accountability and regulation within the fertility industry to prevent similar incidents from occurring in the future.

Embryo Loss Lawsuits Against CooperSurgical

The Ovation Fertility lawsuit is not the only one of its kind. In recent years, there has been a growing trend of lawsuits against fertility clinics and related companies for embryo loss and mishandling. One notable example is the mounting lawsuits against CooperSurgical, a leading manufacturer of IVF and reproductive health products. Several patients have filed suits alleging that the company’s defective embryo transfer media solution led to the destruction of their embryos. These lawsuits highlight the critical need for strict quality control and oversight in the fertility industry, as even the tools and equipment used by clinics can have devastating consequences for patients.