CNY Fertility Colorado Allegedly Destroyed All Seven of a Couple’s Viable Embryos
COLORADO SPRINGS, COLORADO (June 10, 2025) – A couple from Washington state has filed a lawsuit against CNY Fertility Colorado after all seven of their viable embryos were destroyed.
The couple that brought the lawsuit accused the fertility clinic of being negligent when it comes to hiring and training their employees. Attorneys for the plaintiff said that the loss of embryos was completely preventable and a testament to the lack of oversight in the fertility industry.
Their attorneys are not alone in this sentiment. Many journalists and politicians have criticized the IVF industry for its lack of regulatory oversight.
According to one report from Vox, “Critics sometimes charge the $5.34 billion fertility sector with being a “Wild West” that places profit on a pedestal above ethics and safety.”
The couple in this case traveled to Colorado for IVF and were told that seven viable embryos were created. Just two days after that, the couple were informed that those embryos were destroyed.
An investigation revealed that CNY employees failed to ensure that the embryos were in a proper oil medium. Plaintiffs allege that they suffered severe emotional and financial harm due to the loss of their embryos.
Liability for Embryo Loss at Fertility Clinics
Many couples have lost embryos due to negligence at fertility clinics over the years. Many of these losses were due to catastrophic storage tank failures. According to Today, “Two tank failures at fertility clinics in Ohio and California caused the possible loss of thousands of eggs and embryos, devastating hundreds of patients. The malfunctions may have thrown a negative spotlight on the egg freezing industry right now, but in decades of cryopreservation these are the only two known major tank failures at fertility clinics, experts say.” There are many steps that fertility clinics should take to prevent embryo loss.
- Fertility clinics should establish a chain of custody and identification protocols. This should include double-checking genetic material at all critical stages of the IVF process, including retrieval, fertilization, and storage.
- Fertility clinics should maintain strict contamination protocols. Equipment used for IBF should be routinely calibrated and maintained.
- Fertility clinics should ensure that all of their employees are properly trained and accredited for the roles that they are supposed to be performing.
Fertility clinics must exercise due care to avoid causing harm to their patients. To that end, they must enforce all rules and regulations necessary for the IVF process. But in far too many situations, this does not happen. Fertility clinics may not properly train their staff. Turnover rates are also remarkably high at these facilities. This can lead to situations where fertility clinics are chronically understaffed. If medical doctors or employees at a fertility clinic fail to follow best practices and this results in harm, they could be liable for any resulting damages. It is crucial that certain steps are taken after any instance of malpractice at a fertility clinic.
- The history of misconduct at the fertility clinic should be understood.
- The safety measures that the clinic employed should be investigated.
- All contracts and documents related to IVF treatment should be reviewed.
- An experienced IVF malpractice attorney should be contacted.
Many couples sacrifice enormously–financially, physically, and emotionally–to undergo IVF. It can be devastating to learn that you may not be able to have biological children due to the negligence of IVF clinic employees. The growing number of malpractice claims involving the fertility industry should be a wake-up call to regulators. Individuals and couples must be protected from foreseeable and preventable sources of harm.
Getting Legal Help for Malpractice at Fertility Clinics
We at GLK Law extend our best wishes to all of the people who have been harmed by the alleged misconduct of CNY Fertility. There needs to be a thorough investigation into all of the allegations. It is deeply concerning that so many individuals and couples who are seeking to start families have been harmed by negligence at fertility clinics.
Have you or someone that you care about lost embryos due to the negligent actions of employees at CNY Fertility? You may be entitled to damages. Our team of IVF malpractice attorneys is here to help you. We are committed to helping those who have been harmed by the fertility industry. Whether you just have legal questions or are wondering how an attorney may be able to help with your situation, we are here to serve your needs. You can contact us anytime at (800) 529-9997.