We Help Victims of IVF Negligence and Malpractice

Our Fertility Attorneys Are Dedicated To Helping Families Who Have Been Victimized

IVF mixups and other forms of negligence are much more common than many people realize. The major causes of errors at fertility clinics remain improper labeling and poor communication. Our team of fertility attorneys is dedicated to helping individuals who have been victimized by various forms of misconduct in the IVF industry. We understand the emotional and financial toll that fertility issues can take on families, and we are committed to providing compassionate legal assistance for all affected. This could include instances where embryos are lost or destroyed. It may also involve instances where a fertility clinic uses the wrong embryo, egg, or sperm.

Despite the fact that millions of individuals and couples use IVF each year, the industry is still very loosely regulated. Every fertility clinic is impacted by a patchwork of various state and federal laws with different levels of penalties for misconduct. Consumers are supposed to be protected by the Fertility Clinic Success Rate and Certification Act of 1992. But the truth of the matter is that there are few serious legal consequences for firms that don’t adhere to regulations. The greatest mechanism for oversight and accountability remains civil claims by law firms that specialize in fertility law.

At our firm, we are guided by the belief that every person deserves the chance to build their family without fear of mistreatment. That’s why we are here to advocate on behalf of all who have been victimized. Our goal is to provide you with the legal support and guidance necessary to help you get the best outcome possible. If you or someone that you know has been affected by IVF negligence or misconduct, our team of IVF negligence attorneys at Gersowitz Libo & Korek, P.C. is here to help. You can contact us anytime for a free and confidential consultation at (800) 529-9997.

Types of Fertility Cases Our Law Firm Handles

Lost or Destroyed Embryos

For individuals and couples trying to conceive, losing embryos due to negligence is a catastrophic outcome. While there is no national database that monitors incidents where embryos were lost, there have been at least 133 lawsuits filed between 2009 and 2019 related to damaged or lost embryos. Most incidents of embryo loss are due to storage tank failures. But a number of other accidents were caused by contaminated embryo solutions. This is what appears to have happened with certain embryo media cultures created by CooperSurgical. The company is accused of distributing media cultures that lacked magnesium. Embryo loss can also be the result of improper handling by laboratory technicians. If embryo solutions are jostled aggressively or left unrefrigerated, this can lead to embryo loss.

Fertility Clinic Misconduct

As fertility misconduct attorneys, our law firm has examined numerous cases of misconduct by fertility doctors and laboratory technicians. Misconduct can come in many different forms. This could include using embryos for unauthorized research or conducting genetic experimentation. Embryos belong exclusively to the individuals and couples paying for IVF. Another major form of misconduct occurs when fertility clinics falsify medical records to make it seem as though certain procedures were performed when they were not. Misconduct may also occur when fertility clinics improperly dispose of embryos or other types of genetic material. There are procedures and protocols related to the disposal of embryos and genetic material. Only trained lab technicians and doctors are allowed to handle embryos and other genetic material. If a fertility clinic allowed outside parties or untrained employees to handle a couple’s embryos, this could form the basis of a negligence claim

Fertility Fraud

Most embryo mix-ups are the result of negligence. But there have been several instances where fertility doctors have committed intentional misconduct. In a number of situations, fertility doctors have used their own sperm to impregnate patients without their informed consent. This is commonly known as ‘fertility fraud’ and is a serious breach of legal and medical ethical guidelines. Many patients or their children have only realized that they were the victims of fertility fraud several decades later, after they took a DNA test. There have been at least 50 doctors in the United States accused of fertility fraud. Some of the doctors accused of misconduct include Dr. Merle Berger, Dr. David Claypool, Dr. Morris Wortman, Dr. Donald Cline, Dr. Cecil Jacobson, Dr. John Boyd Coates III, and Dr. Christopher Herndon.

Physical Injuries From IVF

Our fertility injury attorneys can help patients harmed by the negligence of fertility clinics and reproductive endocrinologists. There are many different injuries that can result from IVF misconduct or errors. IVF can lead to ovarian hyperstimulation syndrome (OHSS), which can result in an overproduction of eggs. In severe cases, patients may experience kidney failure, blood clots, and death. Implantation errors may lead to ectopic pregnancies. This is a dangerous condition where a pregnancy occurs outside of the uterus, typically in a woman’s fallopian tubes. When left untreated, this can lead to internal bleeding and death. IVF and intracytoplasmic sperm injection (ICSI) require the use of certain instruments and other medical devices. When these instruments and devices are not properly sterilized, this can lead to serious infections.

Wrong Sperm Used

Fertility clinics are supposed to keep detailed and accurate records of all of the genetic material that they use. Lab technicians are also supposed to follow certain safety protocols to prevent mix-ups. Fertility clinics should establish clear and strict protocols for handling gametes (sperm and eggs) during the IVF process. These protocols should include verification procedures at each step. But far too often, this does not take place. If you or someone you know has been impacted by the wrong sperm being used during IVF, our IVF malpractice lawyers can help. Implanting a patient with the wrong sperm is an egregious outcome that demands accountability.

Wrong Embryo Used

When fertility clinics implant the wrong embryos into patients, this can lead to numerous adverse outcomes. This could include a situation where a patient gives birth to a child that is neither genetically related to the father nor the mother. This situation is much more common than many people may realize and is nearly always preventable. Embryo transfer errors tend to be caused by neglect, recklessness, or even intentional wrongdoing. The process of IVF can turn into a nightmare in the event that a fertility clinic impregnates a patient with the wrong embryo. These cases can result in lengthy, multi-party custody battles, which can be extremely stressful for all involved.

Why Choose Us

Gersowitz Libo & Korek, P.C. is one of the oldest and most well-respected law firms in New York City. Our team of compassionate attorneys has decades of experience and has recovered over $1 billion for our deserving clients. We have achieved numerous 7-figure and 8-figure verdicts and settlements, including a $6.3 million settlement for a birth injury lawsuit. Our law firm is committed to getting justice on behalf of our clients above all else. IVF negligence claims can be extremely complex and very difficult to litigate. This is why it is so important for victims of IVF negligence to have a knowledgeable and skilled team to help give them the best chance of success.

Our IVF negligence litigation team at Gersowitz Libo & Korek, P.C. is made up of highly skilled legal and medical professionals. They are dedicated to helping individuals and couples who have suffered due to negligence related to in vitro fertilization (IVF) and reproductive endocrinology. They are veterans of the fertility industry and intimately understand all of the medical procedures, guidelines, and relevant laws. Our team includes two distinguished reproductive endocrinologists, two world-reknown lab embryologists, an Ivy League-affiliated ethics attorney, and psychologists who specialize in treating patients who suffered from IVF negligence. We also have established relationships with some of the most reputable blood and serum testing labs in the United States.

Free, Confidential Consultations

If you suspect that you have been harmed due to the negligence or misconduct of a fertility clinic, our team of IVF negligence attorneys is here to help. There is absolutely no cost associated with speaking to our attorneys and having them thoroughly evaluate your claim. You can rest assured knowing that all consultations are kept completely confidential. Our legal team can examine the unique facts of your situation and let you know if you have a claim that can be pursued. Our goal is to provide you with the best legal advice possible so that you can make an informed choice about what you want to do. You can reach our legal team anytime at (800) 529-9997.

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