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Lost/Destroyed Embryos

If Your Embryos Have Been Lost, Destroyed or Misused, Our Lawyers Can Help.

Fertility clinics typically freeze and store embryos or eggs using a process called vitrification. This involves rapidly freezing them in liquid nitrogen, which prevents the formation of ice crystals that can damage the cells. The embryos or eggs are then stored in a cryogenic container at a temperature of -196 degrees Celsius.
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Embryos, eggs and other genetic material can get accidentally lost, destroyed, or misused by fertility clinics in a number of ways. Some examples include:
  • Human error, such as mislabeling or mishandling of the embryos or eggs.
  • Power outages or equipment failures that cause the liquid nitrogen levels in the storage tanks to drop.
  • Natural disasters, such as floods or fires.
  • Theft or loss of the embryos/eggs during transport.
  • Misconduct by clinic staff, such as using embryos or eggs for unauthorized research or experimentation.
  • Confusion or disputes over ownership or disposition of the embryos.

It is important that fertility clinics have strict protocols in place to prevent these types of incidents and to ensure the safe and responsible handling of embryos, eggs and genetic material. When fertility clinics fail to ensure the safety of patients’ genetic material, our team of lawyers assist those who have been victimized. The Fertility Law Group helps individuals and families navigate what can be an incredibly emotional and confusing ordeal.

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If you have questions about your rights or your options, please contact us for a free consultation. There is no obligation and we keep all inquiries strictly confidential.

How Our Lawyers Assist Victims Who Lost Embryos.

Our team of experienced fertility malpractice lawyers can help people who have been victims of a fertility center losing, destroying, or misusing frozen embryos in a number of ways. Some of things our firm can do for families include:

  • Advising clients on the legal options available to them: Our fertility malpractice lawyers can help you understand the legal landscape surrounding frozen embryos and genetic material, including any laws or regulations that may apply to your situation, and assist in identifying what options are available to you.
 
  • Negotiating with the clinic for compensation: As a first step, we typically attempt to negotiate a settlement with the fertility clinic, so as to avoid putting a grieving family through the stress of a lawsuit. Settlements may include financial compensation for emotional distress, loss of ability to have biological children (if applicable), and other financial losses. Settlements may also include the return of any remaining embryo/eggs, or other forms of redress.
 
  • Filing a lawsuit: If negotiations fail, we can file a lawsuit against the fertility clinic for damages, seeking compensation for all the harms suffered by the family or individual. In egregious cases, we can also seek punitive damages against the clinic and persons involved. Our attorneys have won numerous, multi-million dollar verdicts on behalf of our clients. When possible, we typically file lawsuits using pseudonyms instead of our clients’ real names, so as to protect their identities and their privacy.
 
  • Advocating for changes in laws and regulations regarding the storage and handling of frozen embryos: We are passionate about increased regulation of fertility clinics. We continually push for stricter oversight and penalties for clinics that fail to properly care for embryos, as well as greater transparency in terms of how clinics handle and dispose of embryos. Unfortunately, these changes in the laws often only occur when lawmakers are confronted by public outcry over fertility clinic misconduct.

It is important to note that laws and regulations regarding frozen embryos are complicated, and can vary from state to state. Our attorneys handle cases across the country, and are well-versed in this area of law. The Fertility Law Group is dedicated to helping clients navigate this emotional legal process. Please contact us  for a free consultation – we are here to help and to answer your questions.

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