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Class Claims Consolidated in Suit Against California Fertility Clinic for Negligent Destruction of Embryos

Elizabeth DiNardo, Esq. | Associate Counsel


On April 30, 2018, Federal Judge Jacqueline Scott Corley consolidated three proposed class action suits against California-based fertility clinic, Pacific Fertility Center, and its parent company, Prelude Fertility, in the Northern District of California. The newly consolidated cases similarly revolve around the events of March 4, 2018 when the temperature of a liquid nitrogen-filled storage tank allegedly rose to an unsafe level, causing the storage tank to fail and destroy 4,000 eggs and embryos. In addition to claims of negligence, plaintiffs allege breach of contract claims against the clinic and are asking for in excess of $8 million in damages. Customers of the Pacific Fertility Center pay around $8,345 for one cycle of retrieving, freezing and storing eggs and embryos. The plaintiffs have 30 days from April 30, 2018 to file a consolidated complaint.

The case is: R.E. v. Pacific Fertility Center et al., Case No.: 3:18-cv-01586, in the U.S. District Court for the Northern District of California.

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