5 patients California The Fertility Center was awarded a total of $ 15 million after the freezing tank broke down, and more than 3,500 frozen human embryos and some of the eggs became non-viable.
The extent of the damage caused by accidental thawing is unknown, but the jury found that storage tank maker Chart Industries knew and wasn’t a flaw that hindered accurate temperature monitoring, and then Pacific infertility in San Francisco. Warned the center about the problem that gave the total to the clients of the treatment center.
This incident could have serious consequences for the presumed birthing industry of value. $ 37 billion by 2030 It is in the midst of declining birth rates and declining births, and more recently. Covid Baby Bust.
The jury in this case found that the chart was 90%, the Pacific birth rate was 10%, and it was responsible for the failure to properly protect the material. This is the first time a jury has paid damages in a case involving the destruction of an egg and embryo.
“This verdict should be a call to awaken the fertility center. The jury’s award shows that if the clinic makes a mistake, it can be devastating,” the plaintiff said. Adam Wolfe, the chief lawyer for the case, told The Guardian.
At trial, the freezer manufacturer was responsible for storing eggs and embryos in a container without a temperature alert system for 17 days after an employee of a fertility clinic lab unplugged a failed controller in the tank. Insisted.
However, plaintiffs’ lawyers provided evidence that Chart was aware of the tank issue from an internal investigation in 2012 and had been complaining about controller malfunctions since 2015.
Laura and Kevin Purcell, a couple who had four lost embryos, were awarded $ 7.2 million. Rosalynn Enfield, two 43-year-old mothers who lost 18 eggs, was awarded $ 2.6 million. Adrienne Sletten, a 43-year-old woman who lost two eggs, was awarded $ 2,075,000. Chloe Pointon, a 39-year-old woman who lost nine eggs, was awarded $ 3.1 million.
“It’s really painful to be in a baby shower celebrating someone else’s family being built, and I know you’ll never get it,” Pointon told the court.
To Closing argument Last week, lawyer Dena Sharp claimed damages of up to $ 30 million. “You can’t get these eggs and embryos back,” Sharp said. “The body clock cannot be restored. What these plaintiffs have taken from them cannot be truly restored.”
Meanwhile, wolves said that many people who lost eggs and embryos still suffer from their loss.
This allegation was the first of 140 federal proceedings filed against tank manufacturers over the accident. A second trial involving about five other plaintiffs is scheduled to begin later this year.
However, Pacific Fertility is not the only fertility clinic that has reported problems with Chart’s freezer. More than 4,000 eggs and embryos were lost at the Cleveland University Hospital Infertility Clinic.About 150 families Resolved claims At the clinic. Other related proceedings are underway.
According to Wolf, his company, Paifer Wolf Car Kane & Conway, has represented hundreds of people in eight years. Clause How the clinic advertises the success rate of pregnancy.
Groups such as American Society for Reproductive Medicine Set industry standards for opt-in facilities, but recommendations are optional.In some cases, the clinic Wrong sperm There is nothing overlooked when it comes to registering third-party sperm recipients.
“Trageously, we see very serious errors on a daily basis. These are the western pioneering eras of the American birthing industry. It works in a closed room, under a secret veil. Basically, it can do whatever it wants, and it’s not a way for an industry that’s so important to run, “Wolf said.
Naomi Khan, Director of the Center for Family Law, University of Virginia, Last week’s verdict said it could lead to greater regulatory needs.
“A storage tank failure is an example of a problem in the industry. Many others use eggs and sperm from the same donor, from not knowing if the tank is properly regulated to manufacturing defects. I’m worried about the lack of surveillance, even if I don’t know what I did. “
Currently, fertility clinics need to report success rates only when using reproductive technology involving eggs, not when using sperm only. “But reporting success rates does not regulate how eggs are stored or other types of negligence,” Khan said.
ASRM plays a powerful role in providing guidance, but greater oversight is needed to protect future families, Khan says. If she called a legislator, she would “establish a single government agency to oversee the maternity industry and ensure that appropriate regulations, including certification of all aspects of technology, are issued.” She added.
“We don’t want to disrupt the patient-doctor relationship. When we trust an egg, sperm, or embryo in a tank, we just want to make sure that the tank doesn’t malfunction and that the clinic takes proper steps. I will. “
Five Fertility Clinic Patients Received $ 15 Million After Freezing Tank Failure | California
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