Two couples have filed lawsuits against in vitro fertilization provider Ovation Fertility alleging its clinic destroyed their embryos when a lab employee wrongly used hydrogen peroxide instead of a sterile solution in an incubator.
The couples allege that the clinic still used the embryos despite knowing they were nonviable. Neither woman got pregnant.
In two nearly identical lawsuits filed on Thursday against Ovation Fertility in Newport Beach, California, two unnamed couples are asserting multiple claims, including negligent misrepresentation, fraud, negligence and medical battery. The couples are not revealing their names in the lawsuits to protect their privacy, according to the suits.
In two nearly identical lawsuits filed on Thursday, two unnamed couples are accusing Ovation Fertility in Newport Beach, California, of negligent misrepresentation fraud, negligence and medical battery. The couples are not revealing their names in the lawsuits to protect their privacy, according to the suits.
Embryos belonging to likely dozens of patients were destroyed by hydrogen peroxide in the latter half of January 2024, the couples’ attorney, Adam Wolf, said in a press conference Thursday.
The clinic did not realize there was a problem with the embryos until they saw low success rates for implantation in January and investigated why, Wolf told ABC News. Wolf said Ovation Fertility then reached out to at least some of the impacted patients.
