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What's the Problem?
Fertility clinic legal claims have emerged nationwide involving various forms of negligence including lost embryos, embryo mix-ups, wrong donor sperm usage, and freezer malfunctions.
Primary allegations against fertility centers include inadequate storage monitoring, failure to maintain proper equipment, using wrong genetic material, and insufficient medical assessments.
Major incidents include over 5,000 lost embryos from freezer failures in Cleveland and San Francisco in March 2008, and multiple cases of doctors using their own sperm without patient consent.
These fertility clinic lawsuits seek accountability for the devastating emotional and financial harm caused by careless actions of fertility centers and reproductive clinics.
What is In Vitro Fertilization?
In vitro fertilization, or IVF, is a series of procedures used to help with fertility or prevent genetic problems and assist with the conception of a child, according to the Mayo Clinic [1].
The process involves collecting mature eggs from a woman's ovaries and fertilizing them with sperm in a lab.
Once this is complete, the fertilized embryos are transferred to a uterus. IVF may be done with a patient's own eggs and her partner's sperm, or eggs and sperm from an anonymous donor. The process can also in
Latest Fertility Clinic Legal Updates
- August 25, 2025 - The Palm Springs fertility clinic, American Reproductive Centers, has announced its first successful pregnancy since the car bomb attack that occurred in May 2025 [12]. The bombing, which authorities classified as an intentional act of domestic terrorism, resulted in the death of the suspect and injuries to four others, but fortunately caused no harm to embryos or patients. With its labs now fully restored, the clinic is resuming IVF procedures and offering renewed hope to individuals seeking fertility services.
- August 21, 2025 - Nova Fertility Clinic announced plans to integrate AI into its IVF labs across 120 clinics in 65 cities, partnering with South Korea’s Kai Health to implement the Vita Embryo system for enhanced embryo selection precision [11.]. The AI technology, which doubles the accuracy of embryo selection compared to human evaluation, aims to improve pregnancy rates, shorten IVF cycles, and increase transparency in fertility treatments. By reducing the number of embryos needed for transfer, the system also addresses ethical concerns related to multiple pregnancies, according to CEO Shobhit Agarwal.
- May 15, 2025 – Dr. Donald Cline, a former Indiana fertility specialist accused of medical malpractice for secretly using his own sperm to inseminate patients and fathering at least 94 children, faces a lawsuit filed by an anonymous plaintiff born in 1985, who alleges her mother was inseminated using supposed donor sperm that year. The plaintiff, referred to as "Anonymous Child 1", learned of her biological connection to Cline in 2022 after taking a 23andMe DNA test, and subsequently filed suit against him and an anonymous healthcare group.
- The Indiana Court of Appeals ruled that whether she should have discovered the deception earlier, and thereby triggered the two‑year statute of limitations, is a factual question for a jury, allowing the case to proceed. The case highlights significant gaps in legal protections for victims of fertility fraud [2].
- August 2019 – A lawsuit was filed against Institute for Reproductive Health and Ovation Fertility in Cincinnati by woman who discovered through DNA testing that her biological father may be a clinic doctor rather than her mother's husband, exposing decades of potential fertility fraud [3].
- July 2019 – Los Angeles couple filed lawsuit against CHA Fertility Center alleging IVF mix-up that resulted in woman becoming pregnant with twin boys unrelated to her or each other, forcing the couple to relinquish custody after spending over $100,000 on treatments [4].
- March 2018 – Class action lawsuit filed against Pacific Fertility Clinic in San Francisco on behalf of patients who lost embryos and eggs due to freezer malfunction, alleging negligence for failing to maintain adequate equipment and prepare for such incidents [5].
- 2016 – Multiple lawsuits filed against fertility doctor Donald Cline who used his own sperm to father over 50 children during the 1970s and 1980s, with cases revealed through home DNA testing kits [2].
- March 4, 2018 – Major freezer malfunctions occurred simultaneously at University Hospitals Fertility Clinic in Cleveland Medical Center and Pacific Fertility Clinic in San Francisco, resulting in the loss of over 5,000 frozen embryos and eggs affecting thousands of patients [6].
Regulatory Reports and Statistics
The fertility industry operates with limited federal oversight, contributing to widespread incidents of negligence and malpractice:
- Nearly 500 fertility clinics across the U.S. use similar freezer tanks vulnerable to mechanical failures.
- Over 5,000 embryos and eggs lost in single weekend due to freezer failures in 2008.
- 4,000+ embryos destroyed at University Hospitals Fertility Clinic alone.
- 1,000 embryos lost at Pacific Fertility Clinic in San Francisco.
- 250 patients affected by sperm sample loss at Northwestern Memorial Hospital in 2012.
- 60 patients lost sperm samples at University of Florida Health Center in 2005.
- 50+ children fathered by single doctor using his own sperm without consent.
Fertility Clinic Injuries & Complications
Fertility clinic negligence has resulted in devastating physical, emotional, and financial harm to patients and families seeking reproductive assistance.
- Lost or Destroyed Embryos: Mechanical failures and human error leading to permanent loss of patients' genetic material and reproductive potential.
- Embryo Mix-ups: Wrong embryos implanted resulting in pregnancy with genetically unrelated children, forcing custody relinquishment.
- Wrong Donor Sperm: Use of incorrect sperm samples or doctor's own sperm without consent, affecting family genetics and identity.
- Emotional Trauma: Severe psychological distress from loss of reproductive materials, identity crises, and shattered family planning dreams.
- Financial Losses: Wasted treatment costs, additional medical expenses, and lost investment in fertility procedures.
Growing Concerns and Legal Battles Highlight Issues in Fertility Clinic Practices
Recent lawsuits and reported incidents reveal serious problems ranging from identity mix-ups and lost embryos to unethical conduct by fertility doctors, shedding light on widespread challenges in the fertility treatment industry.
Lawsuit Exposes “National Tragedy” of Unregulated Fertility Clinics
A lawsuit was filed against the Cincinnati Institute for Reproductive Health in August 2019 by a woman who claims she learned from a home DNA kit that the man she thought was her father may actually be a doctor from the clinic, according to Good Morning America [7].
Joseph Cartellone, of Delaware, Ohio, claims he discovered earlier this year that he is not the biological father of his 24-year-old daughter, Rebecca, with his wife, Jennifer.
The family claims they made the discovery after Rebecca gave them home DNA kits last Christmas. The lawsuit is the most recent in a string of complaints alleging negligence by fertility clinics across the U.S.
Freezer Malfunction at Cleveland Fertility Clinic Causes 4,000 Lost Embryos
The Beachwood, Ohio-based University Hospitals Fertility Clinic is being accused of losing more than 4,000 frozen embryos and eggs as the result of a freezer malfunction that occurred on a Saturday in March 2008, according to Vox [8].
That same weekend, Pacific Fertility Clinic in San Francisco lost 1,000 embryos after a similar malfunction.
The freezers, which use liquid nitrogen to suspend the embryos at a constant -196 degrees, experienced a mechanical problem that allowed temperatures to rise, and by the time employees arrived for their next shift, everything inside had thawed and become unusable.
Similar freezer tanks are used at nearly 500 other fertility clinics across the U.S. Lawsuits have accused staff at the facilities of failing to refill the tanks’ nitrogen chambers, and clinics for failing to use more sensitive monitoring equipment.
Fertility Clinic Malfunctions in San Francisco, Cleveland Result in Loss of Hundreds of Frozen Eggs
A fertility clinic in Cleveland, Ohio, where thousands of frozen embryos and eggs were allegedly lost in a storage tank failure is being investigated by the Ohio Department of Health, according to the Washington Post [9].
It’s still unclear as to what caused the malfunction, or why nitrogen levels at both the San Francisco and Cleveland fertility clinic failed on the same day.
There is no known connection between the facilities, the Post reports.
LA Couple Alleges IVF Mix-Up Left Woman With Strangers’ Twins
A Los Angeles clinic has been accused in a new lawsuit of a fertility treatment mix-up that left a New York woman pregnant with twin boys unrelated to her or to each other, according to the Sacramento Bee.
The woman and her husband had been trying to conceive unsuccessfully since they were married in 2012, so they traveled from their home in Queens, New York, to CHA Fertility Center in Los Angeles to consult with their doctors in January 2018.
The couple spent over $100,000 on medical treatments in the hopes of conceiving with their own DNA, only to learn later -- after the woman had become pregnant -- that the babies she was carrying were from other couples that had used the clinic and not her husband, according to the lawsuit.
As a result, the heartbroken couple was forced to “relinquish custody… suffering the loss of two children,” the complaint states.
Fertility Doctor Used His Own Sperm to Impregnate Women, Lawsuits Claim
During the ‘70s and ‘80s, fertility clinic doctor Donald Cline fathered more than 50 children by using his own sperm on unwitting patients, according to The Atlantic [10].
However, it wasn’t until 2014 that 23andMe home DNA kits began to reveal Cline’s secret.
He was eventually convicted of lying to prosecutors and obstructing justice when questioned about complaints alleging he used his own sperm rather than sperm from anonymous donors.
Cline lost his medical license but faced no other legal penalties, as no law in Indiana specifically prohibited him from using his own sperm in patients.
Couple Says Wrong Embryos Implanted in IVF Mix-Up: CBS News Video
Do You Qualify for a Fertility Clinic Lawsuit?
You may qualify for a fertility clinic lawsuit if:
- You received fertility treatments between 1970 and present.
- You experienced serious complications including lost embryos, wrong donor materials, or embryo mix-ups.
- The complications caused emotional distress, financial losses, or required additional medical treatment.
- You can provide medical documentation linking your harm to the fertility clinic's negligence.
- You discovered genetic discrepancies through DNA testing or other means.
Evidence Required for a Fertility Clinic Lawsuit
To build a strong fertility clinic lawsuit, you will need:
- Medical records from fertility treatments and procedures.
- Documentation of embryo storage, transfer, or destruction.
- DNA test results showing genetic discrepancies.
- Financial records showing treatment costs and expenses.
- Communication records with the fertility clinic.
- Expert testimony establishing standard of care violations.
Damages You Can Recover
Successful fertility clinic lawsuits may result in compensation for:
- Medical expenses for fertility treatments and additional procedures.
- Lost wages due to time away from work for treatments.
- Pain and suffering from emotional distress and trauma.
- Loss of reproductive potential and family planning opportunities.
- Punitive damages for willful misconduct or fraud.
Statute of Limitations for Fertility Clinic Lawsuits
The statute of limitations for filing a fertility clinic lawsuit varies by state and type of claim, typically ranging from 2-6 years from the date of discovery of the harm.
Given the complex nature of fertility clinic cases and the time it may take to discover negligence through DNA testing or other means, it's crucial to consult with an attorney as soon as possible to preserve your legal rights.
Related Article: Medical Malpractice Lawsuits
FAQs
1. Who Can File a Lawsuit Against a Fertility Clinic?
Individuals directly affected by negligence, malpractice, or errors at a fertility clinic, including patients and their partners, can file a lawsuit to seek compensation for damages suffered.
2. What Damages Can Be Recovered in a Fertility Clinic Lawsuit?
Damages in a fertility clinic lawsuit may include medical expenses, emotional distress, lost wages, and costs for additional treatments, depending on the specific harm and circumstances involved.
4. How Long Does It Take to Resolve a Fertility Clinic Lawsuit?
Resolving a fertility clinic lawsuit typically takes several months to years, depending on case complexity, evidence, and whether the case goes to trial or settles out of court.
5. Can I sue if my embryos were lost due to freezer malfunction?
Yes, you may have grounds for a lawsuit if your embryos were lost due to equipment failure, inadequate monitoring, or negligent maintenance by the fertility clinic.
6. What if I discovered the wrong donor sperm was used years later?
You may still be able to file a lawsuit even if the discovery occurred years later, as many states have discovery rules that extend the statute of limitations from when you knew or should have known about the negligence.
8. Are fertility clinics required to have insurance for these incidents?
While not universally required, most reputable fertility clinics carry professional liability insurance to cover potential malpractice claims and equipment failures.
9. Can I join a class action lawsuit for fertility clinic negligence?
Depending on the circumstances and number of affected patients, you may be able to join an existing class action or help initiate one if multiple patients were harmed by the same incident.
Get a Free Fertility Clinic Lawsuit Evaluation With Our Lawyers
Schmidt & Clark’s Personal Injury Litigation Group offers experienced trial lawyers who focus on representing plaintiffs in fertility clinic lawsuits.
We handle individual cases nationwide and are currently accepting new clients in all 50 states. Our team is ready to guide you through the legal process and fight for the compensation you deserve.
Free Confidential Lawsuit Evaluation: If you or a loved one received the wrong egg from a fertility clinic, or sperm that came from the wrong donor, you should contact our law firm immediately. You may be entitled to compensation by filing a suit and our lawyers can help.
Reference:
- https://www.mayoclinic.org/tests-procedures/in-vitro-fertilization/about/pac-20384716
- https://www.fox6now.com/news/fertility-doctor-accused-of-using-his-own-sperm-on-patients-appears-in-court
- https://abcnews.go.com/GMA/Wellness/ohio-family-sues-fertility-clinic-claiming-daughter-father/story?id=64824708
- https://www.goodmorningamerica.com/news/story/couple-sues-fertility-center-error-led-painful-costly-64244191
- https://www.cbsnews.com/news/second-fertility-clinic-reports-equipment-failure-hundreds-of-embryos-may-be-damaged/
- https://www.foxnews.com/health/fertility-clinic-breakdowns-baffle-experts-upset-couples
- https://www.cbsnews.com/news/second-fertility-clinic-reports-equipment-failure-hundreds-of-embryos-may-be-damaged/
- https://www.goodmorningamerica.com/wellness/story/ohio-family-sues-fertility-clinic-claiming-daughter-father-64824708
- https://www.vox.com/the-highlight/2019/6/26/18744249/fertility-clinic-destroyed-embryos-lawsuits
- https://www.washingtonpost.com/national/health-science/fertility-clinic-informs-hundreds-of-patients-their-eggs-may-be-damaged/2018/03/11/b605ea82-2536-11e8-b79d-f3d931db7f68_story.html?utm_term=.531b55b62137
- https://www.business-standard.com/companies/news/nova-fertility-clinic-to-use-ai-for-higher-precision-in-embryo-selection-125082100918_1.html
- https://ktla.com/news/local-news/palm-springs-ivf-clinic-announces-first-pregnancy-since-terrorist-bombing/