An Orange County couple, Natalia and Randall Bergman, tried for years to get pregnant. They suffered complications and were never able to conceive, so they turned to a fertility clinic, Coastal Fertility Medical Center in Irvine, for assistance. The couple spent somewhere between $30,000 and $50,000 on various treatments, including in vitro fertilization, which involves manually inserting sperm into the egg while both are outside of the woman’s body. The Bergmans chose this path, but ultimately, further efforts were also unsuccessful.
After growing frustrated with the Irvine clinic, the Bergmans opted to switch to the Southern California Center for Reproductive Medicine. The couple was tasked with transporting the remaining two viable embryos from the old lab to the new lab. This transfer happened nearly three years ago, in July of 2015.
In the time after the switch, Natalia Bergman underwent preparations for a procedure to finally have an embryo inserted into her uterus. She spent months adjusting her body, diet, and life, taking medication as well, until the day of the scheduled procedure arrived – at which point, a worker called to inform the couple that the embryos were not present. There is a chance that the embryos were destroyed or damaged during the transportation, but the lab claimed that there was no debris or indication that any embryos had even been in the straw to begin with.
The Bergmans are curious what happened to the embryos that were taken. They may have been switched out, lost at the previous lab, never put into the straw, or outright destroyed once the couple declared that they were switching facilities. There have been no answers, and as a result, the Bergmans are suing for the loss of the embryos, as well as for reimbursement of the money they spent trying to get pregnant.
Fertility Clinic Mishaps
You should not be expected to sit idly by and collect no compensation if a fertility clinic loses your embryos or damages them in some way. A fertility clinic lawsuit may be the best option. Commonly, fertility clinics may lose your embryos by mislabeling them, disposing of them, using them in another operation, destroying them, or transferred to the wrong facility. They may also be exposed to various degrees of degeneration; if exposed to open air, for example, bacteria may corrupt the embryo, or it may dry up and become unusable and corrupted.
You can sue the fertility clinic if the embryos that you planned on using to become pregnant were lost or damaged.
There are times, however, when you will not be able to take any legal action, such as when you sign a waiver before undergoing any procedures. Some fertility clinics have contracts that state that you cannot sue because there is a possibility that the embryos may become corrupted due to natural causes. If the lab properly handles your embryos and problems still arise, you should reach out to a lawyer for fertility clinic lawsuits.
It is the responsibility of the fertility clinic to maintain the safety and preservation of your embryos. If they act in a negligent manner and cause your embryos to be rendered unusable, you can sue for negligence and receive compensation.
Legal Options
If there is a history of embryos being lost, damaged, misplaced, or rendered unusable at a specific fertility clinic, you may be able to join a class action lawsuit against the facility. A class action lawsuit is the result of numerous plaintiffs suffering the same or similar damages from an individual or a company and collectively filing a suit against it. The compensation in these lawsuits can be reduced due to the sheer amount of people seeking restitution, but the chances of success are higher because of the abundance of evidence. A Los Angeles lawyer with experience in fertility clinic lawsuits can help you get started.
You may also be able to sue the clinic outright. There is a level of care that must be afforded to you when you participate in a procedure that involves your embryos. If that duty of care is breached and you lose your potential future children, you can sue for negligence.
In the event that you were harmed during a procedure, you can file a lawsuit against the doctor for medical malpractice. In medical malpractice cases, you must have suffered some kind of physical injury as a result of a doctor’s negligence. This could involve a surgical error, the wrong embryo being inserted into the uterus, an infection from unsterilized equipment, and more.
Statute of Limitations
Depending on what kind of lawsuit you intend to file, you will have a certain amount of time before you are ineligible and unable to receive compensation. The statute of limitations for medical malpractice cases, for instance, is one year from the date of the injury or from the discovery of the injury. Other common lawsuits may include personal injury claims, which must be filed within two years of the injury.
If you wish to sue the fertility clinic, you should contact a Los Angeles attorney for more assistance. A lawyer will be able to make sure that your lawsuit is filed on time and within the proper guidelines. There is also a chance that you will be able to have an extended statute of limitations; for example, a common exception occurs when the defendant leaves the state for any amount of time. The statute would be temporarily suspended until he returns. Other exceptions include the inability to file a lawsuit due to mental or physical incompetence of the plaintiff, the death of a plaintiff, and the military service of a plaintiff.
Compensation for You
If you file a lost embryo lawsuit or a claim against a fertility clinic, you will be able to receive various types of compensation for your damages. Depending on the kind of legal action you pursue, you may be entitled to:
- Medical Expenses: Any medical bills that accrued from your procedures could be reimbursed. For example, if you needed to pay large sums of money for in vitro fertilization, storage of embryos, and fertility checks, those fees could be reimbursed or covered. If you require future medical treatments, you could also have those procedures covered.
- Pain and Suffering: Your emotional damages resulting from the ordeal could be compensated for. These are often the most debilitating injuries you will receive – they can arise from nearly any incident, whether there is physical harm or not. They routinely result in weeks or months of emotional pain. You may be reimbursed for psychological trauma, PTSD, fear, anxiety, mental stress, emotional anguish, and more. If you file a medical malpractice lawsuit, you should be aware that pain and suffering rewards are limited to $250,000.
- Punitive Damages: If there were gross negligence or an intent to cause harm, you could receive punitive damages, which are additional amounts of compensation meant to punish the defendant. Many courts and juries view these damages as excessive, however, and are hesitant to hand them out; thus, only a seasoned attorney will be able to win them for you.
For more information on what you can possibly earn from a fertility clinic lost embryo lawsuit, contact our lawyers today.
Our Role
Normandie Law Firm is one of Los Angeles’s premier law groups. We have handled numerous cases of fertility clinics mishandling embryos or harming their patients. Our attorneys will work around the clock to make sure you receive a fair settlement – we will not stop negotiating with the necessary party until we bring you an offer you are satisfied with. Our aggressive lawyers are even willing to take your case all the way to court if need be.
Call us today to schedule a free consultation with an experienced attorney. You can ask questions about the procedure of filing a lawsuit against a fertility clinic while we look over your case and tell you what we believe we can earn for you. Our consultations are completely private, and you will never have to worry about your details leaving our offices.
If you choose us to represent you and handle your case, we will give you a zero fee guarantee on your claim – meaning you do not pay any out of pocket expenses throughout the litigation process. We only get paid if we win; our fees are factored into the settlement we bring you, so the fertility clinic, in essence, takes care of your legal bills. If we lose your case, you do not owe us anything at all, and we cover all the expenses of the lawsuit ourselves.
For more help in suing a fertility doctor for lost embryos, reach out to our Los Angeles law firm today.
