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Loss of Embryo due to IVF Treatment Lawsuit Lawyers

Loss of Embryo due to IVF Treatment Lawsuit Lawyers sue liability compensation

Infertility is the inability to get pregnant after one year of trying (or six months of trying in women over 35); the inability to stay pregnant also falls under the definition of infertility. According to data from the CDC, over 6 million women of reproductive age suffer from infertility. Although infertility is often considered a women-only issue, the truth is that men also suffer infertility. In couples, one-third of cases are cased by male infertility while one-third are caused by female infertility; the remaining one-third of cases in couples is caused by issues in both the male and the female or by unknown issues.

Couples and single individuals looking to become parents resort to fertility clinics to ultimately fulfil their dream of parenthood and having a child. Couples and individuals with secondary infertility may resort to fertility treatment to be able to complete their families. One of these fertility treatments is In Vitro Fertilization or IVF. IVF consists of multiple procedures designed for the end-goal of having a child. The main components of the IVF process include collecting eggs from ovaries, fertilizing them in a lab, and implanting embryos in a uterus. Depending on each situation, patients might use their own samples or donor samples; a gestational carrier could also be used.

IVF is not always successful on the first cycle, so some patients have to undergo multiple cycles. Some patients may not have the option for multiple rounds of IVF because their samples may be limited.

Did the negligence of your fertility clinic result in the loss of your embryos? Did this negligence result in you losing your only chance at having a child through IVF? If the negligence of your fertility doctor or clinic led to the loss of your embryo, you could have the right to sue. You could also sue for the mental and emotional suffering associated with the loss.

If you are interested in learning more about the legal options available to you and your partner after a negligent fertility doctor or fertility clinic made you lose the chance to have a biological child, contact us today. You could have the right to file a lawsuit for the loss of an embryo during IVF. For more information, contact our IVF negligence experts here at the Downtown L.A. Law Group at your earliest convenience.

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Examples of the Issues that Could Lead to Loss of Embryos

When fertility clinics, doctors, and other staff involved in the IVF process fails to exercise their due diligence, they can make mistakes, which can prove to be devastating for IVF patients yearning to have children. Some examples of the issues that could lead to the loss of embryos include the following:

  • Fertilizing the egg with the wrong sample
  • Fertilizing the wrong egg (the one determined to be lower quality, for example)
  • Implanting the wrong embryo (one that was not developmentally ready)
  • Not labeling the embryos correctly
  • Not properly thawing frozen embryos
  • Not storing embryos at the correct temperature
  • Transferring the embryo at the wrong time in the cycle
  • Using recalled products for embryo development
Mistakes Made by IVF Product Manufacturers Leading to Lost Embryos

In 2023, two different companies issued recalls for products often used for embryo development. These include the following:

  • FUJIFILM Irvine Scientific, Inc.
  • CooperSurgical

Unfortunately, the defective products made available by these companies have resulted in multiple lost embryos. The FUJIFILM Oil for Embryo Culture was recalled on January 16, 2023 after fertility clinics complained of the oil’s poor performance. The embryo culture oil was affecting embryo development and led to the clinic having to destroy the embryo before implantation or having to abort the embryo after implantation. The CooperSurgical Global Culture Medium was recalled in late December of 2023. There were many complaints coming from clinics about three product lots in specific. Reportedly, the culture media was causing impaired embryo development and the loss of affected embryos.

Although fertility clinics can make mistakes, sometimes the mistakes come from sources outside the clinic – such as product manufacturers. If your embryos were lost because of defective products, you may have a claim.

Do I Have the Right to Sue My Fertility Clinic for Embryo Loss?

Yes, you could have the right to sue your fertility clinic. The right to sue is based on the fact that fertility clinics, doctors, and other staff have a duty to patients seeking treatment. More specifically, fertility clinics and their doctors owe patients the highest duty of care; this means that thy must do everything possible to ensure that their actions (or their inaction, in some cases) does not cause harm. When the negligence of a fertility clinic/doctor results in the loss of embryos, then the fertility clinic/doctor could be at-fault. Of course, the fertility patient would be eligible to pursue a negligence claim for the loss of the embryo and for all other damages resulting from said loss.

What if my embryo was lost because of a defective product used during the treatment? If your embryo was damaged and lost because the clinic used the defective FUJUFILM culture oil or CooperSurgical culture medium, you could still have the right to sue. First and foremost, you could sue the company as their defective product directly caused the loss of your embryo. However, if the clinic was aware of the issues with the oil/medium but continued to use it in IVF treatment, then the clinic could be liable. In some cases, liability could be shared.

If you are unsure if you have the right to sue your fertility clinic after the embryo cultured during your IVF treatment was lost, please do not hesitate to reach out to the legal team here at our law firm as soon as possible. Our embryo damage IVF negligence lawsuit lawyers are ready to guide you every step of the way.

Can I Recover Compensation for My Lost Embryo Lawsuit against My Fertility Clinic?

Yes – if the negligent actions of your fertility doctor or anyone at your fertility clinic caused the loss of your embryo, you could be eligible to recover compensation. The compensation that you could be eligible to receive could include the following:

  • Reimbursement for all expenses associated with the IVF treatment
  • Pain and suffering, specifically for the mental and emotional distress caused by losing an embryo
  • Punitive damage, specifically if it is determined that there was gross negligence
  • Gastos jurídicos

Here at our law firm, our team is fully committed getting our clients the maximum recovery possible. Of course, we understand that a monetary compensation will not make the pain of losing your embryo and your chance at parenthood any better. Still, fighting for your right to compensation will ensure that the negligent fertility clinic is held accountable.

What is the average value of a loss of embryo due to IVF treatment lawsuit? The average case value for lost embryo cases can range between $2 million and $5 million. If the embryo had already been implanted when the loss occurred, case value can increase to $10 million or more. For more information about the possible value of your lost embryo lawsuit, contact the experts here at our law firm today.

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¿Qué debo hacer?

If your fertility clinic was negligent and caused the loss of your embryo(s) and the ultimate botch of your IVF treatment, you could have grounds to file a lawsuit. To ensure that you can file a claim against a negligent fertility clinic. Consider the following recommended steps to take:

  • Prove that medical malpractice occurred (to do this, you should be able to prove that there was a doctor-patient relationship, that the doctor or clinic was negligent, and that the negligence caused damages and harm to the patient.
  • Gather all records associated with the fertility treatment, including medical records and communication relevant to the IVF treatment
  • Seek legal assistance with a faulty IVF treatment lawsuit lawyer as soon as possible
Contact the Downtown L.A. Law Group for Help with your Faulty IVF Treatment Lawsuit

Did the negligence of your fertility doctor and the fertility clinic result in botched IVF and the loss of your embryo? If so, you could have the right to file a lawsuit. You could also be entitled to receive monetary compensation for all damages resulting from the clinic’s negligence. If you are interested in learning more about the legal options available to you, contact the experts here at the Downtown L.A. Law Group today. Our lawyers here at the Downtown L.A. Law Group have decades of experience and are ready to help you with your claim. If your embryo was lost as a result of the negligence of the fertility clinic that was supposed to be helping you conceive a child and start or grow your family, you could sue. Let us help you fight for your rights and recover the payout that you are owed.

Our law firm is committed to providing victims affected by botched IVF treatments and the loss of embryos with the guidance that they need to take action against the fertility clinic. To make the legal process as simple as possible, our law firm offers free legal services. These include free consultations and free second opinions, during which our IVF negligence lawsuit lawyers will be available to answer all your questions, address all your concerns, and ensure that you have access to the information – and guidance – that you need to begin or continue your claim against the fertility clinic. Whether you are looking to start the legal process or switch lawyers after starting the legal process with another team, our experts can help you.

Zero-Fee Guarantee: you will never be required to pay any upfront legal costs for any of our legal services. In addition, we work on a contingency structure, meaning that our clients will not have to pay anything if their claims are not successful.

If you are ready to speak to our lost embryo IVF lawsuit lawyers, contact us today!

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