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IVF Clinic Accused of Poisoning Embryos In Lawsuit

New Lawsuit Claims Ovation Fertility Destroyed Couple’s Embryos By Poisoning Them and Implanting Dead Embryos Into Would-Be Mothers

IVF Clinic Accused of Poisoning Embryos In Lawsuit

NEWPORT BEACH, CALIFORNIA (May 9, 2024) – Nine couples have filed lawsuits against Ovation Fertility and accused the IVF clinic of destroying their embryos.

Attorneys for the plaintiffs also claim the fertility clinic knew that the embryos were dead and implanted them into would-be mothers regardless. Some of the plaintiffs lost all of their embryos in the debacle.

Ovation Fertility has blamed the loss of the embryos on external factors, including an “incubator failure.” However, the lawsuit states that fertility patients were informed that hydrogen peroxide was used on the embryos instead of distilled water.

Hydrogen peroxide is a chemical compound commonly used as an oxidezer, bleaching agent, and antiseptic. A full investigation into all of the accusations remains ongoing at this time.

Liability For IVF Negligence and Malpractice

Malpractice at fertility clinics is far more common than many may suspect. According to Science Direct, “In vitro fertilization malpractice claims are varied, with the most common issues involving embryology laboratory processes and genetic testing errors. Some errors may be avoidable with increased vigilance and implementation of stringent laboratory and clinical guidelines.” There are a number of common causes of embryo loss at a fertility clinic.

  • Storage tank failures
  • Contaminated embryo solutions
  • Improper handling
  • Equipment malfunctions

Fertility clinics have a legal obligation to protect embryos from harm. If they fail to do this, they can be held accountable through a malpractice claim. Medical malpractice occurs when a patient is injured or killed by a doctor’s or hospital’s deviation from the applicable standard of care. There is no single standard of care for any health-care field. However, a doctor’s or hospital’s standard of care is met when a doctor or hospital with an equivalent skill set would have followed the same procedures and guidelines under identical circumstances. It is important that evidence is properly preserved after any instance of embryo loss.

  • Medical records should be collected.
  • Documents related to the IVF process should be preserved.
  • A thorough investigation should be conducted.
  • An experienced IVF malpractice attorney should be contacted.

It can be hard to know where to begin after losing all of your embryos due to human error. The emotional pain can be extraordinary. Sadly, though, IVF clinics have demonstrated time and time again that they will do everything in their power to avoid responsibility for their errors. This is why it is so important to seek legal advice after any instance of embryo loss at an IVF clinic. An IVF malpractice attorney can examine all of the unique facts of your case and let you know what your legal options are.

Getting Legal Help After Embryo Loss

We at Gersowitz Libo & Korek, P.C. extend our best wishes to all of the people who have lost embryos at Ovation Fertility. What happened is completely unacceptable. There needs to be some accountability for the sake of all of the victims.

Have you or someone that you care about lost embryos at Ovation Fertility? Our team of IVF malpractice attorneys is here to answer any questions that you may have. We care deeply that victims of fertility clinic negligence are aware of their rights and that those rights are being protected. Whether you just have legal questions or need any type of support, we are here for you. You can reach out to us anytime at (516) 908-9792.


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Jeff Korek

Jeff S. Korek

Senior Trial Partner​

Jeff S. Korek joined Gersowitz Libo & Korek, P.C. in 1992 as the Senior Trial partner. Known for his meticulous preparation and dedication to his clients, Jeff has obtained some of the state’s highest verdicts and settlements.