Arbitration Barred for Parent Co. in Pacific Fertility Clinic Destroyed Embryos Litigation

Arbitration Barred for Parent Co. in Pacific Fertility Clinic Destroyed Embryos Litigation

As reported by Law360 (subscription), U.S. Magistrate Judge Jacqueline Scott Corley of the Northern District has ruled that claims against Pacific Fertility Clinic’s parent company, Prelude Fertility Inc., over eggs and embryos destroyed after a cryogenic tank failure cannot be resolved in arbitration. Those claims will instead get a full hearing in an open and public court of law. [Read more…]

New Embryo Preservation Law Aims at Government Oversight of Fertility Centers

Fertility clinic failures

Recent equipment failures in California and Ohio destroyed thousands of eggs, embryos

As reported by the Washington Post, Ohio state senator Joe Schiavoni is pressing for legislation intended to improve standards and operational security at fertility clinics that store human eggs and embryos for future use. Coming in the wake of failures at clinics in California and Ohio that led to the destruction of thousands of preserved eggs and embryos, the measure includes express penalties for clinics found to violate the new safeguards. Preliminary data from an investigation into March 2018 Cleveland clinic failures indicates the large-scale egg and embryo loss was largely preventable; health authorities in Ohio noted that the facility had previously reported recordkeeping deficiencies as well as insufficient communication mechanisms for potential preservation tank problems. [Read more…]

Class Action Lawsuit For Pacific Fertility Center Storage Tank Failure Adds Tank Manufacturer As Defendant

Cryogenic Preservation

SAN FRANCISCO, CA – May 31, 2018 – Victims of the storage tank disaster at Pacific Fertility Center have filed an amended complaint in their class action lawsuit, which provides new information and developments related to the March 2018 tank failure incident. The lawsuit, arising out of the mishandling of thousands of embryos and eggs at Pacific Fertility Center, names Chart Industries, Inc. as a new defendant alongside the previously-named defendants Pacific Fertility Center and Prelude Fertility, Inc. The amended complaint was filed by Interim Class Counsel from the law firms Lieff Cabraser Heimann & Bernstein LLP (Lieff Cabraser), Girard Gibbs LLP, and Peiffer Wolf Carr & Kane PLC (Peiffer Wolf). [Read more…]

Pacific Fertility Clinic Lost Egg and Embryo Class Actions Consolidated in Federal Court in San Francisco

Pacific Fertility Clinic Lost Egg and Embryo Class Actions

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. [Read more…]

California Women and Families File Injury Lawsuit in Federal Court Against Pacific Fertility Clinic Over Mishandling of Thousands of Preserved Eggs and Embryos

Fertility clinic failures

SAN FRANCISCO—(BUSINESSWIRE)—On April 17, 2018, Lieff Cabraser filed a Class Action Complaint in federal court in San Francisco on behalf of women who stored their frozen eggs and embryos against Pacific Fertility Center and Prelude Fertility, Inc., alleging, among other things, negligence, negligent infliction of emotional distress, breach of contract, conversion, violation of unfair competition law, and premises liability relating to defendants’ March 2018 mishandling of preserved eggs and embryos at their San Francisco cryogenic facility. [Read more…]