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Embryo Storage Negligence

New York Embryo Storage Negligence

Lawyers Helping Embryo Storage Negligence

Proper embryo storage is a crucial aspect of in vitro fertilization (IVF). The delicate nature of embryos requires that they are handled and stored with the utmost care. When negligence occurs during the storage of embryos, this can easily lead to them being destroyed or damaged. For couples trying to conceive, the loss of their embryos can be devastating, both financially and emotionally. At Gersowitz Libo & Korek, P.C., we understand the profound impact that embryo storage negligence can have on families. Our experienced legal team is committed to holding responsible parties accountable. We focus on delivering compassionate and skilled representation to help get our clients the best possible outcomes. Whether you just have legal questions or are wondering how an attorney may be able to help with your particular situation, we are here to assist your needs. Call us today for a risk-free consultation at (800) 529-9997.

Understanding Embryo Storage Negligence

Embryo storage involves the cryopreservation of embryos so that they can be used at a later date during the process of in vitro fertilization. Storage may occur for several months or even many years. This process involves freezing embryos in liquid nitrogen in order to halt all biological activity and preserve their current state. The embryos are then carefully monitored and stored in specialized tanks in order to prevent them from being damaged. According to Johns Hopkins Medicine, there are a number of reasons why a person may choose to have their embryos frozen and stored.

  • The IVF patient may be undergoing hormone therapy.
  • The IVF patient may be undergoing cancer treatment.
  • A physician may recommend embryo storage to avoid the risk of ovarian hyperstimulation syndrome.
  • The IVF patient may choose to delay their pregnancy until they are ready.

Negligence can come in many different forms when it comes to the storage of embryos. This can include improper temperature control, improper labeling, or improper handling by laboratory technicians. In particular, embryos can be destroyed if they are left to thaw for too long at any point during the storage process. A fertility clinic may also have failed to properly monitor storage equipment. It is also possible for the companies that create storage tanks for the IVF process to be negligent. Most instances of catastrophic embryo loss involve storage tank malfunctions. A software glitch could potentially lead to improper regulation of the storage environment.

Consequences of Negligence

Negligence during embryo storage can have terrible consequences for the individuals and couples relying on those embryos for IVF. In purely financial terms, embryo storage negligence can be devastating. According to the Mayo Clinic, the average cost for a single IVF cycle can be $15,000 to $30,000 or greater. The loss or damage of embryos due to negligent storage practices can leave people unable to have their own biological children. This is a heartbreaking outcome for individuals and couples hoping to conceive. Victims often suffer very serious and long-term psychological injuries.

  • Grief and Mourning: It is common for victims to feel deep sorrow over the loss of their potential children.
  • Anxiety: Individuals and couples have reported increased anxiety.
  • Depression: People have also reported feelings of hopelessness. Indeed, those who have lost embryos have described the process as being similar to the death of their children.
  • Guilt and Self-Blame: It is also common for people to experience tremendous amounts of guilt and self-blame, despite the fact that the situation is beyond their control.
  • Relationship Strain: Negligence during the IVF process can put enormous strain on couples and their relationships.

These consequences highlight the importance of prudence and due diligence during every part of in vitro fertilization. When a fertility clinic helps ensure the safety and viability of embryos, this will help safeguard the emotional and financial well-being of their patients. Fertility clinics must implement strict quality control measures in order to prevent negligence. This includes continuously training staff and performing regular equipment maintenance.

Legal Rights and Protections For Embryo Storage Negligence

The process of in vitro fertilization can be extremely stressful, even in the best of circumstances. This process can turn into a nightmare in the event of embryo storage negligence. It is important that victims understand that they do have rights. Patients are entitled to a standard of care that ensures the safety and viability of the embryos that they choose to store. When this standard is not met, there could be numerous liable parties.

  • Fertility Clinics: Facilities where embryos are stored, such as fertility clinics, are responsible for the overall management and safety of those embryos.
  • Laboratory Technicians: The laboratory technicians who handle embryos and their employers could face liability. Any errors or mishandling of embryos could lead to their destruction and form the basis of a negligence claim.
  • Cryopreservation Storage Facilities: On certain occasions, embryos may be stored at cryopreservation facilities separate from fertility clinics. These facilities must ensure that the proper conditions and protocols are being followed for embryo storage.
  • Medical Professionals: Doctors and other healthcare providers involved during the IVF process could be liable. They have a duty to follow best practices and ensure embryo safety throughout the storage process.
  • Equipment Manufacturers: Companies that produce storage tanks, incubators, and other equipment used during IVF could be liable for improper embryo storage. In particular, a company could be liable for the manufacturing, design, or marketing defects of their products.

There are legal implications when a fertility clinic or other provider fails to uphold its duty of care. In particular, victims may be able to seek some level of justice through a civil claim. Legal professionals with expertise in medical malpractice and reproductive technology law can provide invaluable support during this process. IVF clinics and their partners throughout the industry will do everything in their power to deny responsibility for embryo storage negligence. An attorney can help you understand your rights and ensure that your interests are taken into consideration.

Why You Should Consider Hiring An Attorney After Embryo Storage Negligence

Navigating the complexities of any case involving embryo storage negligence requires specialized knowledge and expertise. These types of cases can be extremely complex and may involve more than one liable party. Hiring an attorney ensures that your rights are protected and can give you the best chance to receive fair compensation. There are several other reasons why victims of embryo storage negligence should strongly consider hiring an attorney.

  • No Up-Front Costs: There are no up-front costs associated with hiring an attorney to represent you. This can be particularly important for individuals and couples who may have spent considerable sums of money on IVF. Your attorney will only get paid by the opposing party if they are able to successfully resolve your case.

  • Comprehensive Case Evaluation: An attorney can examine your case to determine the strength of your claim and your potential to win in court.

  • Evidence Collection: Demonstrating liability in any embryo storage case can be difficult. It requires collecting large amounts of evidence, including medical records, expert testimony, and procedural documentation.

  • Negotiation Skills: An experienced attorney can effectively negotiate with insurance companies and related parties in order to help you get a fair settlement.

  • Court Representation: Most cases settle before going to trial. But if your case does go to trial, it is important to have a skilled attorney advocate on your behalf.

Legal representation can provide victims of embryo storage negligence with tremendous peace of mind. With professional legal support, you can hold the responsible parties accountable for their actions. You can also send a strong message that negligence during embryo storage should not be tolerated. This can help companies take greater safety precautions and thus potentially prevent additional incidents.

How Our Law Firm Can Help You

At Gersowitz Libo & Korek, P.C., we understand how hard it can be to deal with the aftermath of embryo storage negligence. Our dedicated legal team is committed to providing affected parties with compassionate and skilled support throughout the entire legal process. We offer a free consultation to discuss your case and better understand your legal situation.

After an initial consultation, we conduct a thorough case evaluation. This involves reviewing medical records and assessing the extent of damages. If necessary, we are prepared to take every case to trial. We have a proven track record of winning and have recovered over $1 billion for our clients. Our law firm is committed to getting justice for people who have been impacted by embryo storage negligence and other forms of IVF malpractice. Whether you just have legal questions or are thinking about hiring an attorney, we are here to help. You can reach out to us anytime at (800) 529-9997.


Why might a person need to store their embryos during IVF?

A person may need to store their embryos due to an illness such as cancer or to simply delay a pregnancy until they are ready.

Embryo storage involves freezing embryos in liquid nitrogen in order to halt all biological activity and preserve their current state.

Embryo storage negligence can result in serious financial harm and psychological distress.

Several parties can be liable for embryo storage negligence, including IVF clinics, medical providers, and equipment manufacturers.

There are no up-front costs associated with hiring an attorney, and they only get paid by the opposing party if they are able to successfully resolve your case.

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