On May 1st, 2018, Judge Jacqueline Scott Corley of the U.S. District Court for the Ninth Circuit consolidated three proposed class actions that charge Pacific Fertility Clinic in San Francisco with breach of contract and negligence relating to the destruction of stored eggs and embryos in the wake of cryogenic storage tank failures in early March 2018. Lawyers for the plaintiffs in the three separately filed cases will now work together to draft a single consolidated complaint covering all of their injuries and losses.

The lawsuits allege that Pacific Fertility Company and its parent, Prelude Fertility Inc., negligently allowed a cryogenic egg and embryo preservation tank to fail, leading to the loss of thousands of stored eggs and embryos after ruinous temperature escalations went completely unnoticed.

Lieff Cabraser partner Sarah R. London, who represents the lead plaintiff in the one of the original lawsuits, notes that “Pacific Fertility’s mishandling of the eggs and embryos is irreparable and devastating. The value and importance of the eggs and embryos that plaintiffs entrusted to Pacific Fertility’s care is extraordinary. And for some victims, the eggs and embryos in Tank 4 were the last and only chance to have a biological child.” London told Law360 that the consolidated complaint ultimately produced may include additional claims, but noted that the issue had not yet been decided.

Lieff Cabraser’s attorney team on the cryo tank failures case includes partners Elizabeth J. Cabraser, Lexi J. Hazam, Tiseme Zegeye, and Ms. London. Learn more about the lost egg and embryo cases against Pacific Fertility Clinic and how you can contact a women’s injury lawyer at Lieff Cabraser.

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