Connecticut IVF price-fixing $2.85M class action settlement

Several women’s health providers, including the Center for Advanced Reproductive Services (CARS) and Reproductive Medicine Associates of Connecticut (RMACT), agreed to pay a combined $2.85 million as part of a class action lawsuit settlement to resolve claims they artificially raised the price of in vitro fertilization (IVF) services.

The settlement benefits individuals and entities who paid for, in whole or in part, assisted reproductive technology (ART) from the Center for Advanced Reproductive Services and Reproductive Medicine Associates of Connecticut between Jan. 1, 2004, and July 19, 2022.

CARS is a First Fertility center that is affiliated with the UConn School of Medicine. RMCAT, now known as Illume Fertility, is a similar fertility center. Both locations offer ART services such as fertility testing, IVF treatment, IUI treatment and egg donation.

According to a price-fixing class action lawsuit, Women’s Health USA, In Vitro Sciences, CARS and RMACT conspired together to artificially raise and fix the price of ART services such as IVF. In Vitro Science allegedly provided services to both clinics that went beyond the typical services provided by such companies. Instead, In Vitro Science used its position to raise and fix the price of ART services, the plaintiffs contend.

As a result, consumers were allegedly forced to pay an inflated price for fertility services. In a healthy market, consumers wouldn’t have had to pay as much for ART services from the Center for Advanced Reproductive Services and RMCAT, the class action lawsuit contends.

Plaintiffs in the case argue this price-fixing violated the Connecticut Antitrust Act. Like federal antitrust laws, the Connecticut Antitrust Act prohibits unlawful anti-competitive agreements including price-fixing schemes. 

The defendants haven’t admitted any wrongdoing but agreed to a $2.85 million settlement to resolve these IVF price-fixing allegations.

This agreement is separate from another $1.25 million settlement the defendants reached with the Connecticut attorney general, though both settlements resolve similar allegations.

Under the terms of the IVF price-fixing settlement, class members can receive a cash payment based on the amount they paid CARS or RMACT for ART services.

Payments will vary depending on these amounts, with each class member receiving a proportional share of the settlement fund based on what they paid. class members who paid a higher amount for ART services will receive a larger share of the net settlement fund.

No payment estimates are available at this time.

The deadline for exclusion and objection is Nov. 16, 2022.

The final approval hearing for the IVF price-fixing class action lawsuit settlement is scheduled for Dec. 5, 2022.

In order to receive settlement benefits, class members must submit a valid claim form by Jan. 4, 2023.

Who’s Eligible

Individuals and entities who paid for, in whole or in part, assisted reproductive technology (ART) from the Center for Advanced Reproductive Services (CARS) and Reproductive Medicine Associates of Connecticut (RMACT) between Jan. 1, 2004 and July 19, 2022.

Potential Award

Varies

Proof of Purchase

No proof of purchase applicable

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

01/04/2023

Case Name

Kent, et al. v. Women’s Health USA Inc., et al., Case No. FST-CV-21-6054676-S in the Superior Court Judicial District of Stamford/Norwalk

Final Hearing

12/05/2022

Settlement Website

IVFSettlement.com

Claims Administrator

Settlement Administrator
PO Box 2956
Portland, OR 97208-2956
info@IVFSettlement.com
855-675-2845

Class Counsel

Douglas A Millen
Jonathan M Jagher
Kimberly Justice
FREED KANNER LONDON & MILLEN LLC

Jonathan M Shapiro
AETON LAW PARTNERS LLP

Defense Counsel

Ann H Rubin
CARMODY TORRANCE SANDAK & HENNESSEY LLP

J Brent Justus
Nicholas J Giles
MCGUIREWOODS LLP

Stuart M Katz
Ari J Hoffman
COHEN AND WOLF PC