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Wrongful Death Lawsuit Filed Against Mobile Fertility Clinic

Second Wrongful Death Lawsuit Filed By Couple Who Lost Embryos At Mobile, Alabama Fertility Clinic

Wrongful Death Lawsuit Filed Against Mobile Fertility Clinic

MOBILE, ALABAMA (April 7, 2024) – A Florida couple has filed a wrongful death lawsuit after they lost embryos at the Center for Reproductive Medicine in Mobile.

The lawsuit came just two weeks after the Alabama Supreme Court ruled that embryos destroyed at the clinic in 2020 were children. That ruling was based on an interpretation of an 1872 state law.

Many IVF clinics decided to stop offering the service after the court’s decision. According to court documents, the lawsuit is seeking costs and punitive damage for the destruction of the couple’s three embryonic children.

The Alabama House and Senate passed separate bills extending criminal and civil liability to IVF practitioners. At first, there was a provision in the bill that would extend these protections retroactively.

But that provision was later removed in the legislative process.

Liability For Embryo Loss At IVF Fertility Clinics

Millions of people with reproductive problems have turned to in vitro fertilization (IVF). IVF is a medical procedure whereby an egg is fertilized by sperm in a test tube or other area outside of a woman’s body. Viable embryos are then implanted into the female patient, who continues the pregnancy. Despite continued advancements in medical technology, the process of IVF leads to the destruction of 15% of all embryos that are fertilized during the first week of the procedure. There are a number of common causes of embryo destruction during IVF.

  • Contamination: Embryos may be exposed to contaminants during the IVF process, such as bacteria or fungi.
  • Mislabeling: Incorrectly labeling embryos can lead to their destruction.
  • Improper Handling: Embryos are extremely delicate by nature. Any type of mishandling can lead to their destruction during IVF.
  • Equipment Failure: Any type of malfunction in incubators or cryopreservation tanks can result in embryo loss.

Depending on the facts of any case, there could be numerous liable parties if a couple lost embryos during the IVF process. The vast majority of embryo loss lawsuits involve cases where embryos die due to storage tank failures. In this instance, the company responsible for creating the storage tank could bear some liability. Companies have a legal obligation to create products that are reasonably safe. They must also warn consumers about the non-obvious dangers associated with the use of their products. It is important that certain steps be taken after any instance of embryo loss.

  • Medical records from the fertility clinic should be collected.
  • The model number of the storage tank involved during IVF should be determined.
  • A report of the incident should be created.
  • An experienced embryo loss attorney should be contacted.

Losing embryos can be extremely difficult for people. In many situations, these embryos can be a person’s only hope for having their own biological children. When that hope is taken away, it can be devastating. Sadly, though. IVF clinics will often do everything in their power to deny responsibility after any instance of embryo loss. An embryo loss attorney can examine the unique facts of your case and let you know what your legal options are.

Getting Legal Help After Embryo Loss At IVF Fertility Clinics

We at Gersowitz Libo & Korek, P.C. extend our best wishes to all of the people who lost embryos at the Center for Reproductive Medicine in Mobile. Any person who may have more information about what happened should reach out to investigators. It is our hope that measures are taken to prevent this from happening again.

Have you or someone that you love lost embryos at the Center for Reproductive Medicine in Mobile? You may have legal recourse. Our team of embryo loss attorneys is here to help in any way that we can. We care deeply that victims of IVF 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.