Infertility is a major problem in the United States. Infertility is defined as the inability to become pregnant after a minimum of one year of trying; for women over 35 years of age, the definition is altered to represent the inability to become pregnant after six months of trying to do so. According to statistics from the Centers for Disease Control and Prevention (CDC), approximately 10% of women in the U.S. (or 6.1 million women) within the reproductive age of 15 to 44 suffer infertility – they struggle to both get pregnant and stay pregnant. Although infertility is often associated with women’s inability to have a child, men can also suffer infertility. According to statistics, one-third of infertility cases in couples are caused by an issue in the male. Another third of the infertility cases are associated with issues in the female. The remaining third of infertility cases result from either unknown issues or issues in both parties.
Regardless of the cause of the inability to naturally have a child, many couples resort to fertility clinics to try and have children. These couples subject themselves to an emotionally draining and expensive fertility process in hopes of being able to start or grow their family. Although many couples who subject themselves to fertility treatment can successfully have a child with no complications, many others lose their only opportunity to have children or have children with significant defects due to the negligent actions of the fertility clinic.
Can you sue the fertility for negligence and medical malpractice? If the negligence of the fertility clinic deprived you of the possibility of having a child or caused your child’s defects, you might have grounds to sue the infertility doctor. If you would like to learn more about your right to sue the fertility center for negligence, you must contact Normandie Law Firm to discuss your claim with fertility clinic lawsuit attorneys.
Normandie Law Firm is consists of many attorneys with multiple years of experience handling all sorts of claim—especially medical malpractice claims. Our Los Angeles attorneys can sue negligent fertility clinics, fertility medical centers, and fertility doctors who deprived you of the right to have a normal family. If you would like to discuss your claim with an attorney in Los Angeles who can help with fertility clinic cases, do not hesitate to contact Normandie Law Firm today.
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The Importance of Fertility Clinics in Today’s Society
Fertility clinics have given people who are unable to procreate naturally the opportunity to do so with the help of medical professions. Many people are unable to conceive naturally due to medical conditions, while others are unable to conceive due to physical impossibilities (i.e. same-sex couples). Regardless of specific circumstances, everyone has the right of the pursuit of happiness, which for many people comes in the form of children and having a family. Fertility clinics offer many people a second chance—and often a final chance—at having children. These clinics offer a variety of fertility treatments, such as In Vitro Fertilization (IVF), Intrauterine Insemination (IUI), and Intracytoplasmic Sperm Injections (ICSI), for instance. These clinics also perform embryo genetic testing and surgical sperm retrieval—both of which are essential to fertility treatments.
Some of the Common Errors Committed by Fertility Clinics
Unfortunately, fertility clinics are known to make very serious mistakes—mistakes that can leave people without the possibility of ever having children. These mistakes could also result in children being born with severe health defects. Some of the possible results of mistakes in fertility clinics include the following:
- Miscarriage and birth defect risks
- Misdiagnosis
- Lost embryos
- Lost sperm samples
- Damaged frozen eggs
- Destroyed samples
- Fertilization using the wrong samples
Whether the embryos were lost, eggs and embryos were damaged or destroyed, or there was a failure to conduct the appropriate genetic testing to identify birth defects, a devastating mistake was made. If the doctor or fertility clinic made a medical mistake, you can sue them for medical malpractice. You have the right to sue the fertility clinic for negligence; you must contact the experienced lawyers for fertility clinic lawsuit cases at Normandie Law Firm as soon as possible.
Oil for Embryo Culture Recalled – Class Action Lawsuit
On January 16, 2023, FUJIFILM Irvine Scientific, Inc. issues a recall for their Oil for Embryo Culture, Catalog #9305. The recall includes oil lots 0000011351, 0000011367, 0000015999, 0000016001. The recall came after customers (clinics) complained of the poor performance of the oil – specifically, reduced blastocyst development and complete degradation during embryo culture. In addition, some quality control testing performed by clinics showed low sperm motility associated with the oil. After receiving the complaints, the company investigated and found oil toxicity for three of the four recalled lots. All four lots were included in the recall since they were all derived from the same Raw Material. According to the company, using their product can result in the impairment of embryo development, poor blastocyst development, and in a non-transferable blastocyst. In other words, the embryos can be severely affected, resulting in needing to destroy them before implantation or abort them if they have already been implanted.
In a case like this, the company responsible for creating the oil for embryo culture that turned out to be defective can be liable for damages associated with lost or destroyed embryos, for example. Is there any way that the fertility clinic can also be held responsible? If the fertility clinic knew or should have known about the issues with the oil for embryo culture – that is, if the clinic was aware of the recall or had reason to believe that the oil was ineffective – then the clinic could be found liable.
Regardless, you could have the right to sue. If you and your family were affected by this unfortunate situation, do not hesitate to reach out to the experts here at our law firm immediately. Our lawyers are ready to guide you every step of the way.
Negligence in Fertility Clinics
Fertility clinics, like all other medical facilities, owe their patients a specific duty of care. They must treat their patients with the highest level of skill, ensuring that their actions do not result in patients’ harm. Medical professionals also have the duty to inform patients of specific issues, allowing the patients to decide how to proceed. For example, consider the possibility of frozen eggs and embryos resulting in a serious defect. Doctors must offer the option of genetic testing early during the treatment to allow parents to decide to continue or terminate the pregnancy. It is their duty to give prospective parents the option of genetic testing. If a fertility doctor fails to offer genetic testing and the child is born with a birth defect that could have been identified through testing, the doctor could face liability. Likewise, if the parents opted for genetic testing but the doctor failed to inform them of an existing defect, the doctor could also be found liable. If the fertility clinic or doctor committed any sort of mistake, they could be found negligent and liable for the harm that you suffered.
Can Couples Sue Fertility Clinics for Reproductive Negligence?
Can I sue the fertility clinic for a mistake? Yes, you can sue the fertility clinic if they made a mistake. Can I sue my IVF clinic? Yes, you can sue the IVF Clinic. If the fertility clinic lost the embryo, destroyed your samples, or failed to inform you of existing genetic defects, you might have been wrongfully deprived of the right to procreate. In other words, you might have been the victim of reproductive negligence. If so, you likely have the right to pursue a lost embryo lawsuit or an IVF negligence lawsuit. If you were the victim of IVF medical malpractice, you have the right to file a claim and receive compensation. If you would like to learn more about your right to pursue a claim for reproductive negligence, you must contact the fertility lawyers at Normandie Law Firm as soon as possible.
Recovering Compensation
Claims regarding reproductive negligence are not like any other types of personal injury claims. Therefore, the compensation that victims might be eligible to recover might be unclear. Without a doubt, those you want to sue the OBGYN doctor at the fertility clinic could be eligible to recover compensation for pain and suffering—for the mental and emotional distress caused by the deprivation of your reproductive rights. In some cases, claimants could also recover punitive damages. Depending on the specific details of cases, claimants might also be eligible to receive other types of compensation. If you would like to learn more about your right to receive compensation after being affected by the negligent actions of a fertility doctor or clinic, you must contact our fertility malpractice lawyers as soon as possible.
What to do if the Fertility Clinic was Negligent
If you were affected by the negligent actions of the staff at a fertility center, you must take immediate action to prove all of the following:
- Prove the doctor-patient relationship
- Prove that the doctor/clinic was negligent
- Prove that the negligent actions resulted in specific injury (the loss of a reproductive choice, for example)
- Prove that the injury caused specific harm (e.g. the loss of reproductive choice resulted in severe emotional distress, mental afflictions, etc.)
It is important that you gather all the evidence related to your fertility treatment and the negligent actions of the fertility center. You must also seek legal assistance as soon as possible. Discussing your situation with a fertility clinic negligence lawsuit attorney is one of the most important things that you should do if you believe that the negligent actions of a doctor or a clinic resulted in your reproductive harm. For more information, do not hesitate to seek legal assistance with a fertility center negligence lawsuit attorney at your earliest convenience.
Our Law Firm
If you believe that you and your partner were wrongfully denied the right to make reproductive choices, you might have grounds to pursue a claim for medical negligence. Did the fertility clinic mistakenly destroy your sample? Did the fertility clinic lose your embryo before implantation? Whatever the case, their negligent actions will likely affect you and your partner for the rest of your lives. The negligent actions of the fertility doctors or the fertility clinic could have deprived you and your partner of the possibility of ever having a child that was genetically yours. If you are interested in pursuing a lawsuit against the fertility clinic, do not hesitate to contact Normandie Law Firm today.
Normandie Law Firm offers both free consultations and free second opinions to all parties affected by medical negligence in fertility clinics. If you were deprived of your reproductive rights because of the negligent actions of a fertility doctor, you could trust that our fertility lawyers will provide you with the legal guidance that you need. Our free legal services are available as part of our Zero-Fee guarantee—the guarantee that you will never be required to pay any upfront legal fees. Our firm is also strictly based on contingency; therefore, you will not be required to pay anything until after you win your claim. If you would like to discuss your fertility clinic negligence claim with our lawyers, do not hesitate to seek legal assistance with our lawyers as soon as possible.
