Many couples elect to undergo treatments to store their eggs for future us if they want to get pregnant at a later time or if they have had trouble conceiving. Fertility clinics are responsible for preserving eggs and ensuring they are not damaged or lost until the couple decides to use them. Clinics are susceptible to mistakes like every other business, though, whether due to the fault of negligent workers or because of broken or defective equipment. In these instances, eggs may become lost or unusable, which could heavily impact a family’s future abilities to have children and could cause a large monetary loss. If you have suffered losses because of a fertility clinic’s negligence, you can file a lawsuit against the clinic to pursue restitution and be reimbursed for the expenses. Our legal group, Normandie Law Firm, is one of the top-rated firms in Los Angeles, and we will work around the clock to bring you the compensation you deserve. We are often asked, “How much can you receive from a fertility clinic lawsuit?” The answer is that it varies depending on each case.
Why Couples Freeze Eggs
There are many reasons that a couple may want to freeze their eggs. They could simply not be ready to have children but want to ensure that they will have some eggs ready in a few years in case of any health scares or accidents. They may already have children and want to keep the possibility open in the future, especially if the woman is approaching the age where she will no longer produce any eggs. The couple may even have trouble becoming pregnant in the first place, and in vitro fertilization could be the safest option for them. There is also the chance that a surrogate mother can be used to have a baby for a couple, and frozen eggs are the only way for that to happen.
Regardless of the reasoning, it is crucial that fertility clinics protect the eggs and embryos. The cost of freezing eggs can be over $8,000 with annual fees of over $600. Further, medical procedures like IV fertilization can exceed $30,000. Thus, the average payout for fertility and IVF malpractice cases is generally within the ballpark of these numbers, but you can receive a higher settlement if there are other instances of negligence present.
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Examples of Negligence by Fertility Clinics
A fertility clinic employs workers who are tasked with storing and transporting eggs and embryos from couples. The clinics usually have storage units that are filled with liquid nitrogen, which keeps the eggs at below-freezing temperatures. Cryogenic chambers are also used. If there is a lack of liquid nitrogen available, the temperature begins to rise, which can cause the eggs and embryos to thaw, eventually rendering them useless.
Clinic workers need to be extra diligent when it comes to the functionality of these storage units and chambers. If there is a leak or a power outage, the units could easily warm up and cause hundreds of eggs to get destroyed. There should be ample contingent procedures available to preserve the eggs and embryos if the unit is compromised. However, not many clinics go to such an extent.
Additionally, workers must also transport eggs, even in short distances. They must also collect them in necessary tubes and containers. There have been numerous cases where the eggs were mistakenly thrown away, misused, misplaced, or else not collected at all. This can result in months or years where the couple is not aware that their eggs are not frozen, resulting in no further action.
If you have experienced a loss of eggs or embryos due to the negligent action of a fertility clinic, contact our law firm for more assistance. We can ensure that you receive fair compensation for your damages. The fertility clinic negligence case can be worth an ample amount of money, and we will strive to bring you more than merely the average compensation for such a lawsuit.
Why You Need an Attorney
A fertility clinic that freezes your eggs has a contract with you to keep your eggs safe from harm. They must not actively engage in any behavior that could damage your eggs or else render them unable to be used for future procedures. Because you have placed your eggs in the safekeeping of the clinic, they business has a duty of care to you.
If there is a breach of this duty and your eggs are lost or destroyed, you could take legal action. The issue with this course of action lies in the experience of the plaintiff. You very likely have not had any prior experience handling a lawsuit against a fertility clinic, and you may not know where to begin or what kind of steps you should take. You may not have ample knowledge of the law and you could easily be backed into a corner by the clinic’s insurance agency.
An attorney will ensure that the necessary time is given to your case. As a regular person, you will likely not have hours and days to dedicate to handling a lawsuit; you have other obligations and a career to focus on, and it can take a heavy toll on you to pursue a claim against the clinic. Our attorneys can handle all the legwork for you.
Most importantly, we can negotiate what you can receive from a lawsuit. There is no single settlement amount for fertility clinic lawsuits; each case is different, and we will use our legal expertise and years of experience to secure you what you deserve.
Average Value Of A Fertility Clinic Negligence Lawsuit
The average settlement amount for lawsuit against a fertility doctor for negligence or mistake depends on the circumstances of the case. For example, if you had a few eggs frozen and half were destroyed or lost in the first month of the process, but the clinic alerted you to the issue, you may not secure an extremely high settlement. On the other hand, if all of your embryos were compromised and the clinic either did not know, knew and refused to tell you, or covered up the loss, the resulting amount could be much larger.
We are often asked, “how much is a fertility clinic lawsuit case worth?” The answer is it can be worth anywhere between $10,000 and $5,000,000. The damages will greatly depend on the actions of the clinic, the amount of time that passed without any awareness, who can be held responsible, and more.
The costs of the procedure and the ensuing the medical treatment can be factored into the equation, as can the emotional pain and suffering and destruction of future plans. If the clinic lied about the status of your eggs or if they purposely destroyed them, there could be additional damages piled on.
You may be able to receive punitive damages for your lawsuit. These damages are purely monetary and are meant to punish the defendant; however, they are viewed as excessive very often, and many judges and juries are reluctant to give them out. Thus, only a skilled lawyer who has handled fertility clinic lawsuits will be able to win them for you.
There is also the option for affected victims of the negligence of fertility clinics to join an already-existing class action lawsuit. It is common that many couples are affected by a leaky storage unit, and upwards of 1,000 eggs can be lost in a single accident. Class action lawsuits generally feature numerous plaintiffs and an abundance of evidence. The problem, though, lies in the resulting compensation – the settlement is evenly distributed amongst the plaintiffs, which can lead to reduced amounts for everyone involved.
If you want to learn more about the average settlement amounts for infertility medical malpractice lawsuits and what route you should take for your claim, contact our firm today.
Normandie’s Promise
Normandie Law Firm in Los Angeles promises to fight for your fair compensation around the clock. We will not rest until we are satisfied with the result. We will aggressively negotiate with the insurance agency until they give us a settlement value that accurately reflects the losses you suffered. If we need to, we will take your case to court to fight for your rightful restitution in front of a jury and judge.
Reach out to our offices today for a free legal consultation. All consultations are confidential and none of your private information or case details will be shared outside of our office walls. We will walk you through the legal process and help you understand what you can expect from a lawsuit. We will also answer any questions you have and clear up any misconceptions about fertility clinic claims.
If you hire us to represent you, we’ll also give you our zero fee guarantee, which promises that you won’t have to pay a dime out of your own pocket for our services. We will cover all expenses of the case, and if we lose, you do not owe us anything at all. Our fees will get paid if we win, and the money will come from the settlement we bring you.
Contact Normandie Law Firm today to learn more about the average settlement amounts for an infertility clinic lawsuit.
