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Ovation Fertility Clinic In Newport Beach Faces Lawsuit

Ovation Fertility Clinic In Newport Beach Facing Nine Lawsuits From Couples Who Claim Their Embryos Were Destroyed

Ovation Fertility Clinic In Newport Beach Faces Lawsuit

NEWPORT BEACH, CALIFORNIA (May 1, 2024) – Ovation Fertility Clinic in Newport Beach is facing lawsuits from nine couples who say the clinic destroyed their embryos, according to USA Today.

The lawsuits claim that the embryos were destroyed by “lethal hydrogen peroxide” before failed implantations. Plaintiffs further allege that Ovation Fertility Clinic engaged in an “alleged cover-up.”

There are also claims that the clinic tried to trick fertility patients into signing waivers of legal claims and non-disparagement agreements.

A full investigation into all of the allegations remains ongoing at this time.

Liability For Embryo Destruction At Fertility Clinics

While there is no national database that monitors incidents where embryos were lost, there have been at least 133 lawsuits filed between 2009 and 2019 related to damaged or lost embryos. Over 65% of those lawsuits were related to embryo storage tank failures in Ohio and California. There are a number of common causes of embryo loss at fertility clinics.

  • Mislabeling embryos during handling
  • Contamination of the culture media
  • Temperature or PH malfunctions
  • Handling errors
  • Equipment malfunctions

Depending on the facts of any case, a fertility clinic could be liable for the destruction of a couple’s embryos. In general, companies are liable for the wrongful acts of their employees. According to Judith M. v. Sisters of Charity Hosp., 93 N.Y.2d 932, 933 (1999) respondeat superior will apply “so long as the tortious conduct is generally foreseeable and a natural incident of the employment.” There are a number of steps that should be taken after any instance of fertility clinic malpractice.

  • Eyewitnesses should be interviewed.
  • Medical records should be preserved.
  • A thorough investigation should be conducted.
  • An experienced IVF malpractice attorney should be contacted.

For couples facing fertility issues, IVF offers hope. But the process can easily turn into a nightmare when a fertility clinic destroys a couple’s embryos, thereby ruining their chance at having their own biological children. To make matters worse, fertility clinics will often do everything in their power to deny responsibility for any incident. This is why it is so important to seek legal advice early on.

Getting Legal Help After Embryo Loss

We at Gersowitz Libo & Korek, P.C., were deeply concerned to hear about the misconduct allegations at Ovation Fertility Clinic in Newport Beach. There needs to be some accountability for what took place. It is our sincere hope that steps are taken to prevent similar incidents.

Have you or someone that you care about lost embryos at the Ovation Fertility Clinic in Newport Beach? You may have legal recourse. Our team of personal injury attorneys is here to answer any questions that you may have. We are committed to getting victims of IVF negligence the justice and support that they deserve under the law. Whether you just have legal questions or need any type of support, we may be able to assist 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.