Ohio Fertility Center Faces Class Action over Damaged Eggs and Embryos

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A couple lodged a class action lawsuit against the University Hospitals Health System in Ohio alleging that the facility caused damage to their and others’ frozen eggs and embryos.

Lead plaintiffs, Amber and Elliott Ash, allege in their class action lawsuit that the temperature in one of the tanks where approximately 2,000 frozen eggs and embryos were stored rose due to the “negligence and an utter breach of trust, decency, and responsible stewardship” of hospital and fertility clinic staff.

The defendants in the class action lawsuit include the University Hospitals Health System, University Hospitals Cleveland Medical Center, and University Hospitals Ahuja Medical Center.

The plaintiffs say that they chose to preserve embryos after being advised that Amber would not be able to carry another child after the birth of their son. They say that thousands were relying on the University Hospitals Health System for in-vitro fertilization (IVF), surrogacy, and other fertility assistance, but the eggs and embryos in storage were irretrievably damaged.

“Defendants destroyed the hopes, dreams, and futures of hundreds, if not thousands, of prospective Ohio parents and families,” alleges the class action lawsuit.

According to the class action lawsuit, in early March the temperature in a storage tank rose to an unacceptable and unsafe level for the eggs and embryos. The hospital notified the plaintiffs and other potential Class Members a few days later.

The plaintiffs say that the hospital did not disclose the reason for the rise in temperature; however, the storage tank should have been monitored remotely. Additionally, and audible alarm should have sounded before the temperature rose to unsafe levels, alleges the class action lawsuit.

“Not only is removing and freezing a woman’s eggs an expensive and laborious process that can cost approximately $12,000 or more, plus hundreds of dollars in annual storage fees, the value and importance of the eggs and embryos that Plaintiffs and the other Class Members entrusted to Defendants’ care, and for which Defendants accepted all legal responsibility to store, preserve, and protect, is enormous,” alleges the class action lawsuit. “Indeed, for some families, these fertility services are their only chance at conceiving a child — a chance now obliterated by Defendants’ conduct.”

The plaintiffs say that in the letters notifying them and potential Class Members about the incident, they implied that some of the eggs and embryos has sustained damage, but they did not provide specifics.

“Some Class Members’ eggs and embryos that have been thawed since March 4, 2018 for planned procedures were found to not be viable,” alleges the class action lawsuit. “On information and belief, none of Plaintiffs’ and the other Class members’ eggs and embryos in Defendants’ above-referenced storage tank remain viable.”

The plaintiffs seek to represent all University Hospitals patients and/or other family members affected by the loss of or damage to their eggs and/or embryos due to the temperature rise in the tanks earlier this month.

The Ashes are represented by Adam Levitt, Mark DiCello, Robert DiCello, Amy E. Keller, Mark Abramowitz and Adam Prom of DiCello Levitt & Casey LLC.

The Ohio Fertility Clinic Class Action Lawsuit is Amber and Elliott Ash, et al. v. University Hospitals Health System Inc., et al., Case No. cv­-18894343, in the Court of Common Pleas in Cuyahoga County, Ohio.