Fertility Law Group Announces Filing of Major Lawsuit Against Ovation Fertility for Alleged Misconduct and Harm to Couples

fertility lawsuit

April 23, 2024

The Fertility Law Group has filed a comprehensive lawsuit against Ovation Fertility and associated entities on behalf of multiple California couples who suffered immense emotional distress and financial losses due to alleged egregious misconduct at Ovation’s facilities in Newport Beach. The legal action, lodged in the Superior Court of the State of California for the County of Orange, encompasses claims for negligence, medical battery, concealment, intentional and negligent misrepresentation, negligent hiring, retention and supervision, and loss of consortium. You can read the entire complaint Fertility Law Group filed here.

If you were a victim of wrongdoing at Ovation, please contact us for a free, confidential consultation.

Background of the Case

Between January 18, 2024, and January 30, 2024, Ovation Fertility is alleged to have exposed viable embryos to lethal substances, notably hydrogen peroxide, during the thawing process prior to implantation. These embryos were subsequently implanted into patients, despite being non-viable, leading to a shocking 100% failure rate in embryo transfers that normally would have a success rate of over 75%.

Details of Allegations

  1. Negligence and Medical Battery: It is claimed that Ovation Fertility failed to adhere to proper procedures and standards, using hydrogen peroxide instead of safe, standard practices during the embryo thawing process.
  2. Concealment and Misrepresentation: The lawsuit details how Ovation Fertility allegedly knew about the compromised state of the embryos but concealed this information, misleading both the patients and their doctors.
  3. Negligent Hiring and Supervision: According to the plaintiffs, the fertility center employed under qualified staff and failed to properly supervise and train them, directly contributing to the mishandling of sensitive procedures.

Impact on Plaintiffs

The couples involved in this lawsuit have shared heart-wrenching stories of their journeys through infertility treatments, compounded by the alleged malpractice at Ovation Fertility. Their emotional and physical suffering was exacerbated by the discovery that their failed embryo transfers were not due to natural causes but to avoidable errors at the lab.

Fertility Law Group’s Commitment

The Fertility Law Group stands with these families in seeking justice and accountability from Ovation Fertility. This lawsuit underscores the necessity for stringent oversight and adherence to ethical practices in fertility services. The firm is dedicated to advocating for the rights and well-being of individuals and couples striving to build families through IVF and other reproductive technologies.

Call to Action

The Fertility Law Group urges anyone who has experienced similar issues with fertility services to come forward. It is crucial for potential victims of such practices to seek legal advice to protect their rights and ensure such distressing experiences are not repeated in the future.

National News Coverage

This case has made headlines across the country. Links are below:
“O.C. fertility clinic accused of negligence.”
Los Angeles Times, April 26
“Ovation Fertility clinic destroyed embryos and didn’t tell IVF patients, lawsuit claims.”
USA Today, April 26
“Couples accuse IVF clinic of knowingly implanted deceased embryos.”
Live Action, April 26
“Dead embryos implanted into aspiring moms hoping to start families, California suits say.”
AOL News / Sacramento Bee, April 25
“Nine more couples sue IVF clinic, alleging staff implated ‘dead’ embryos: Lawsuit.”
Rural Radio Network / ABC News Radio, April 23
“Lawsuit accuses California fertility clinic of implanting dead embryos into patients”
San Jose Mercury News, April 25
“Dead embryos implanted into aspiring moms hoping to start families, California suits say.”
Sacramento Bee, April 24
“Dead embryos implanted into aspiring moms hoping to start families, California suits say.”
Lexington, Ky. Herald Leader, April 24
“IVF clinic transferred ruined embryos to patients, lawsuits claim.”
Washington Post, April 24
“9 more couples sue IVF clinic, alleging staff implanted ‘dead’ embryos: Lawsuit.”
ABC News, April 23
“IVF clinic accused of implanting dead embryos into would-be mothers.”
CBS News / KCAL-CBS 2, April 23
“Couples Sue Fertility Clinic, Alleging Women Were Implanted with Dead and Toxic Embryos.”
People, April 23
“Couples suing Newport Beach fertility clinic for allegedly destroying embryos.”
KNBC-NBC 4, April 24
“9 more couples whose embryos were destroyed sue Newport Beach fertility clinic.”
Orange County Register, April 23
“Lawsuit accuses Newport Beach fertility clinic of poisoning embryos.”
Los Angeles Times, April 23:
“Couples sue California fertility clinic for allegedly implanting dead embryos.”
New York Daily News, April 23:
“Another lawsuit filed against OC fertility clinic after embryos allegedly destroyed by lab error.”
KABC-ABC 7, April 23
“Couples sue clinic; Staff accused of implanting dead embryos.”
KTTV-Fox 11, April 24
“Orange County IVF clinic accused of killing embryos, implanting them anyway.”
KTLA-CW 5, April 23
“Calif. Fertility Clinic Implanted Dead Embryos, Couples Say.”
Law360, April 24
“Suit says California fertility clinic implanted destroyed embryos in patients.”
The Guardian (UK), April 24
“Nine More Couples Sue Fertility Clinic Over Dead Embryos.”
City News, April 23
“’Heartbroken’ couples claim California IVF clinic implanted dead and toxic embryos into women to cover up errors.”
The Daily Mail (UK/US), April 23
“Orange County IVF clinic accused of killing embryos, implanting them anyway.”
Yahoo! News / KTLA
“California Fertility Clinic Sued For Allegedly Implanting Non-Viable Embryos.”
The Daily Caller, April 24
“Nine Couples Sue Fertility Clinic For Allegedly Implanting ‘Dead Embryos’ During IVF Procedures.”
The Daily Wire, April 23
“9 Couples Accused Fertility Clinic of Implanting Dead & Toxic Embryos; Now, They’re Suing.”
Cafe Mom, April 23
“Dead embryos implanted into aspiring moms hoping to start families, California suits say.”
Sacramento Bee, April 24
For further information, press inquiries, or to schedule an interview with a representative from the Fertility Law Group, please contact us.
This press release is a public document and may be shared as part of the ongoing efforts to inform and assist affected individuals and to promote safer fertility practices nationwide.