Anne Bucher  |  July 26, 2016

Category: Closed Class Actions

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This settlement is closed!

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egg-donor

A settlement has been proposed in a class action lawsuit regarding the compensation provided to women who have donated their eggs for assisted fertility and reproductive services and who plan to donate their eggs again in the future.

If you donated eggs and intend to donate again, your rights may be affected by this class action settlement.

If approved, this egg donor settlement will resolve a class action lawsuit that challenges part of an ethical report issued by the American Society for Reproductive Medicine and followed by the Society for Assisted Reproductive Technology. The plaintiffs challenge the portion of the report which states that payments of more than $10,000 to egg donors are inappropriate, and that payments of more than $5,000 require justification.

According to the egg donor class action lawsuit, this limitation on payment to egg donors constitutes a horizontal price-fixing agreement that violates federal antitrust laws.

The defendants deny any wrongdoing and assert that the challenged compensation guidelines do not violate the law. They argue that the compensation guidelines are simply unenforced recommendations.

Partial certification of the egg donor class action lawsuit was granted in February 2015.

Even though they deny that they did anything wrong, the defendants have agreed to remove the compensation guidelines as part of a class action settlement.

Who’s Eligible

Class Members of the egg donor settlement include women who meet the following criteria:
• Donated eggs for assisted reproduction purposes;
• Within the United States and its territories;
• At any time from April 12, 2007 to the present;
• To or through any clinic that was a member of the Society for Assisted Reproduction Technology or any egg donation agency that followed the challenged compensation guidelines; and
• Intend to provide such donor services through such agencies in the future.

Potential Award

This egg donor class action settlement does not offer any compensation to Class Members; however, it does require the defendants to do away with the challenged compensation guidelines and to refrain from setting similar guidelines regarding egg donor compensation in the future.

Proof of Purchase

N/A

Claim Form Deadline

N/A. There is no Claim Form for this class action settlement.

Class Members who wish to object to the egg donor settlement must do so no later than July 29, 2016.

Case Name

Kamakahi, et al. v. American Society for Reproductive Medicine, et al., Case No. 3:11-cv-01781-JCS, in the U.S. District Court for the Northern District of California

Final Hearing

8/26/2016

Settlement Website
Claims Administrator

Egg Donors Class Action
c/o A.B. Data Ltd.
P.O. Box 170500
Milwaukee, IW 53217
1-866-905-8102
info@EggDonorsClassAction.com

Class Counsel

Ellen Meriwether
Bryan L. Clobes
CAFFERTY CLOBES MERIWETHER & SPRENGEL LLP

Michael G. McLellan
Douglas G. Thompson
FINKELSTEIN THOMPSON LLP

Defense Counsel

William L. Monts III
HOGAN LOVELLS US LLP

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2 thoughts onEgg Donor Price-Fixing Class Action Settlement

  1. Heather says:

    I’ve thought about selling my eggs, and wow I’d be HAPPY with ten grand an egg! How do I go about doing it? I’m 32 yrs old so I need to figure this out ASAP bc I heard on an advertisement that you couldn’t be older than 32! lol

  2. lucybird says:

    I f I was a college student, no way would I sell my eggs away for less than $10,000.

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