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Ovation Fertility Accused of Implanting Dead Embryos Into IVF Patients

New Lawsuit Against Ovation Fertility Accuses Fertility Clinic of Numerous Forms of IVF Negligence and Malpractice

NEWPORT BEACH, CALIFORNIA (May 9, 2024) – Nine couples have filed lawsuits against Ovation Fertility and accused the fertility clinic of implanting dead embryos into would-be mothers.
Attorneys for the couples have accused the fertility clinic of recklessness and negligence. The lawsuit further alleges the laboratory inside Ovation Fertility exposed the plaintiffs’ embryos to lethal doses of chemicals, which resulted in their destruction.

It has also been alleged that Ovation Fertility knew that the embryos were dead but failed to inform plaintiffs nonetheless. For their part, Ovation Fertility has blamed temperature levels and incubator failure for the embryo loss.

They have also described the event as an “isolated incident.” A full investigation into all of the accusations remains ongoing at this time.

Liability For Embryo Loss At IVF Clinics

Embryo loss is relatively common during the IVF process. According to the Journal of Assisted Reproduction and Genetics, “In the USA, between 2004 and 2013, the total number of transfers in fresh non-donor cycles was 748,394, the total number of embryos replaced was 1,808,082, and the total number of live born infants was 358,214, for an overall (across all ages and across the 10 years) “Embryo Wastage” rate of 80.2%.” However, there are a number of other common causes of embryo loss that involve negligence or medical errors.

  • The majority of inadvertent embryo loss involves storage tank failures.
  • Embryo loss may also occur due to contaminated embryo solutions.
  • Improper handling can lead to the loss of embryos.

When a fertility clinic mishandles embryos and destroys them, this could form the basis of a negligence claim. In general, companies are liable for the wrongful actions of their employees – insofar as those employees were working within the course and scope of their job duties. Only trained professionals should handle embryos. Those professionals should follow all relevant safety guidelines, including not leaving embryos out for extended periods.

Depending on the facts of any case, there could be numerous sources of liability for any instance of embryo loss. Companies that make medical devices or solutions can be held liable for embryo loss. Medical companies must take steps to ensure that their products are reasonably safe and free from defects. To that end, they must rigorously test their products and investigate all potential problems during the development and manufacturing processes. It is important that certain steps be taken after any instance of embryo loss at a fertility clinic.

  • Medical records related to the loss should be preserved.
  • The equipment used to store the embryos should be examined.
  • Eyewitnesses should be interviewed.
  • An experienced IVF negligence attorney should be contacted.

IVF offers hope to couples who are not able to have children on their own. But far too often, this process can be traumatizing. Losing embryos can be absolutely devastating for individuals and couples. Many victims have likened it to losing their own children. It is important for victims of IVF negligence and malpractice to understand that they do have rights. Any person who lost embryos due to the negligent actions of fertility clinic employees may have legal recourse through a civil claim.

Investigating Embryo Loss At Ovation Fertility

We at Gersowitz Libo & Korek, P.C. were deeply concerned to hear about the accusations being made against Ovation Fertility. There needs to be a thorough investigation into what went wrong. It is our sincere hope that steps are taken to prevent similar tragedies.

Have you or someone that you care about lost embryos at Ovation Fertility? Our team of IVF negligence attorneys is here to answer any questions that you may have. We care deeply that IVF patients are aware of their rights and that those rights are being protected. Whether you just have legal questions or are thinking about hiring an attorney, we are here for you. You can reach out to us anytime at (800) 529-9997.

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