Fertility Clinic Lawsuit | 2026 Latest Updates

Our lawyers are investigating potential lawsuits for individuals and families who were victimized by the negligence of a fertility clinic or sperm bank. Recent lawsuits highlight the largely unregulated “Wild West” environment of assisted reproductive technology (ART) facilities across the U.S., which has resulted in families being torn apart and worse.

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Table of contents
  1. Latest Fertility Clinic Lawsuit Updates
  2. What Is in Vitro Fertilization?
  3. Who May Be Affected?
  4. Reported Injuries or Damages
  5. Recall and Regulatory Background
  6. Evidence to Preserve
  7. Filing Deadlines
  8. Potential Compensation
  9. Frequently Asked Questions
  10. References
Fertility clinic lawsuits allege that clinics and suppliers lost or destroyed eggs and embryos. They also allege mix-ups of embryos or sperm, or use of the wrong donor. Some families say they lost embryos they paid to store. Others say their child is not genetically theirs. The cases are separate matters. They include individual lawsuits and one settled proposed class action against CooperSurgical. No MDL has been formed. The newest suit, against Brown Fertility in Jacksonville, Florida, was reported in September 2026. Claims in complaints are allegations unless a verdict is stated.

Lawsuit at a glance

  • Case or litigation name: Fertility clinic lawsuits, including T.U. et al. v. CooperSurgical, Inc.
  • Defendants: CooperSurgical Inc.; Chart Industries Inc.; Pacific Fertility Center; University Hospitals; IVF Life Inc.; Brown Fertility
  • Court and docket number, when available: U.S. District Court for the Northern District of California, No. 4:24-cv-01261 (T.U. et al. v. CooperSurgical, Inc.)
  • MDL number, judge, and case count, when an MDL exists: No MDL
  • Filing date: March 1, 2024 (T.U. et al. v. CooperSurgical, Inc.)
  • Main allegations: Plaintiffs allege that clinics and suppliers destroyed or lost eggs and embryos, that recalled culture media killed embryos, and that embryos or sperm were mixed up
  • Products or people involved: IVF patients with stored eggs, embryos or sperm, and families of children born after an alleged mix-up

Latest Fertility Clinic Lawsuit Updates

September 19, 2026: Florida Couple Sues Brown Fertility

The New York Post reported that Joshua and Natalie Strong sued Brown Fertility, Dr. Samuel Brown and 10 other defendants in Duval County Circuit Court in Jacksonville, Florida [1]. The couple alleges another man’s sperm was used to create their daughter’s embryo. These are the couple’s claims, and no court has ruled on them yet.

June 27, 2026: CooperSurgical Reports $271.6 Million in Settlements

Connecticut Insider reported that CooperSurgical paid $271.6 million to settle claims over its recalled embryo culture media used in IVF treatment [2]. A filing with the Securities and Exchange Commission earlier that month described the payments. They settle claims from patients who used the media, which was recalled in December 2023.

June 12, 2026: Orlando Couple Files Custody Agreement

ABC News reported that Tiffany Score and Steven Mills filed a custody agreement in Orange County, Florida, with their daughter’s biological parents [3]. The couple will remain her custodial parents. Their lawsuit against IVF Life, Inc. and Dr. Milton McNichol continues. The clinic operated as the Fertility Center of Orlando and closed in May 2026, according to ABC News.

May 5, 2026: Judge Dismisses CooperSurgical Suit After Settlement

Bloomberg Law reported that Judge Jon S. Tigar of the U.S. District Court for the Northern District of California dismissed the IVF patients’ suit over CooperSurgical’s recalled embryo culture media after the parties filed a settlement notice [4].

April 3, 2026: Fertility Center of Orlando Announces Closure

NBC News reported that the Fertility Center of Orlando announced its closure on its website [5]. It faced legal and financial problems, according to NBC. The Longwood, Florida, clinic had been sued in January by a couple who say it implanted another couple’s embryo. These are the couple’s allegations.

February 2, 2026: Guardian Reports Orlando Embryo Mix-Up Suit

The Guardian reported that the couple behind the Orlando mix-up claim sued IVF Life Inc. and its lead physician in January 2026 [6]. The couple alleges the clinic implanted an embryo that was not theirs. They say their daughter is not genetically related to them. These are allegations that have not been tested in court.

May 15, 2025: Indiana Appeals Court Sends Cline Case Back

The Indiana Capital Chronicle reported that the Indiana Court of Appeals let a woman’s suit against Dr. Donald Cline proceed. Whether she filed within the two-year limit is a question for a jury [7]. Cline is a former Indianapolis fertility specialist. He admitted in 2017 to using his own sperm to inseminate patients without their knowledge during the 1970s and 1980s.

December 8, 2024: Netflix Ordered to Pay $385,000

Fox 8 reported that a federal court in Indianapolis ordered Netflix to pay $385,000 to an Indiana woman [8]. The film “Our Father” identified her as a daughter of fertility doctor Donald Cline. A jury awarded compensatory damages to one of two plaintiffs. The claim was filed against Netflix rather than a clinic or doctor. The ruling is separate from the Indiana appeals case.

August 1, 2024: Two Alabama Couples Drop IVF Suits

The Alabama Reflector reported that two couples dropped their lawsuits over frozen embryos destroyed in Mobile in 2020. Their cases had led to the Alabama Supreme Court‘s February 2024 ruling on embryos and wrongful death [9]. The embryos were destroyed after a patient removed one from the cryogenic environment, according to the report. One case remained.

March 1, 2024: Patients File Suit Against CooperSurgical

Law360 reported that T.U. et al. v. CooperSurgical, Inc. was filed in the Northern District of California under docket number 4:24-cv-01261 [10]. The personal injury and product liability case was brought on behalf of IVF patients.

June 10, 2021: Jury Awards Nearly $15 Million in Pacific Tank Case

The Associated Press reported that a federal jury awarded nearly $15 million to five people [11]. They lost eggs or embryos when a storage tank failed at Pacific Fertility Center in San Francisco. The verdict covered three women who lost eggs and a married couple who lost embryos. The defendants were the clinic and Chart Industries Inc., which made the tank.

February 5, 2020: Two New Suits Target University Hospitals

CNN reported two new lawsuits filed that day against University Hospitals Fertility Clinic in Cleveland, where a tank failure destroyed about 4,000 eggs and embryos [12]. One suit was filed by a woman who lost nine frozen eggs. The other was filed by a couple who lost five embryos. They joined earlier suits over the same failure.

September 29, 2019: More than 150 UH Families Settle

Cleveland.com reported that more than 150 families settled lawsuits against University Hospitals [13]. The suits followed a freezer malfunction that led to the loss of eggs and embryos at its fertility clinic. The settlement amounts were not made public, and University Hospitals denied liability in the lawsuits, according to the cleveland.com report.

August 7, 2019: Ohio Family Sues Cincinnati Clinics

ABC News reported that an Ohio family sued The Christ Hospital, the Institute for Reproductive Health and Ovation Fertility in Cincinnati [14]. The father alleges a stranger’s sperm was used to create an embryo when the couple underwent IVF in 1994. These are the family’s allegations.

What Is in Vitro Fertilization?

According to Mayo Clinic, in vitro fertilization, also called IVF, is a complex series of procedures that can lead to a pregnancy [15]. Mature eggs are collected from ovaries and fertilized by sperm in a lab. Then one or more fertilized eggs, called embryos, are placed in a uterus. The lawsuits on this page involve those eggs, embryos and sperm. Claims arise when they are lost, destroyed or mixed up.

Who May Be Affected?

Patients whose eggs or embryos were stored in a clinic tank or freezer that failed may be affected. About 3,500 frozen eggs and embryos were lost at Pacific Fertility Center. About 4,000 were lost at University Hospitals in Ohio. IVF patients whose embryos were grown in CooperSurgical culture media may also be affected. So may patients who learned through a baby’s DNA test or blood type that the wrong embryo or sperm was used. Children of a fertility doctor who used his own sperm without telling patients may be affected as well. Each person’s situation needs individual legal review.

Reported Injuries or Damages

Plaintiffs allege lost or destroyed eggs and embryos and say they suffered emotional distress. Some say embryos failed to develop after CooperSurgical culture media was used. Others allege a child is not genetically related to the parents after a mix-up. The Washington Post reported on April 28, 2024 that the San Francisco tank failure was “one of the worst accidents in the history of reproductive medicine” [16]. According to the Post, the lab director had unplugged a malfunctioning computer, muting 128 alarms. The Post also reported no evidence that repairs started in the 13 days before the failure. Bloomberg Law reported that Judge Tigar allowed the CooperSurgical patients’ claims to proceed before the settlement. He rejected the company’s argument that they could not show causation because IVF is uncertain.

Recall and Regulatory Background

CooperSurgical launched a recall process for its LifeGlobal embryo culture media in December 2023 after a surge in complaints, according to an FDA notice reported by Connecticut Insider. Connecticut Insider quotes the notice: “Performance issues may lead to impaired embryo development prior to the blastocyst stage.” The patients allege the solution caused their embryos to die. A recall does not by itself establish liability.

Evidence to Preserve

Keep any records tied to your treatment, the clinic and the error:
  • Clinic contracts, consent forms and storage agreements that show what the clinic agreed to do with your eggs or embryos
  • Billing and payment records for treatment cycles, storage fees and any related medical costs you paid
  • Emails, portal messages and letters from the clinic about an error, an equipment failure or recalled supplies
  • DNA, blood-type or paternity test results that show a child is not related to the parents
  • Medical records from your fertility treatment, pregnancy and the birth of any child
  • Photographs of storage labels, paperwork, test results and anything else tied to the error
  • Notes of dates, calls and conversations with clinic staff, written down while you still remember them

Filing Deadlines

Filing deadlines come from state law and differ depending on where you live and when the loss, the error or the discovery of it happened. Some states start the clock when the harm was discovered. Even strong facts may not save a claim filed after its deadline has passed. Check with a lawyer promptly.

Potential Compensation

Possible damages in clinic-error cases include the cost of lost eggs, embryos or treatment cycles. They also include medical expenses and the cost of repeating fertility treatment. Compensation amounts vary by case. Past results do not guarantee future outcomes. Facts and records shape potential compensation in each case.

Frequently Asked Questions

What Was the Outcome of the Pacific Fertility Center Lawsuit?

In the Pacific Fertility Center lawsuit, jurors found the clinic negligent and 10 percent responsible. They rejected the argument that the tank had been misused. The three women were each awarded about $2 million to $3 million, and the couple $7.2 million.

Did the Alabama Supreme Court Rule That Embryos Are Children?

According to 1819 News, the Alabama Supreme Court ruled 7-2 that an embryo created through IVF is a child under the state’s wrongful death act. The last of three related suits was later dismissed at the plaintiffs’ request. The state then passed an immunity law for IVF clinics.

What Did Indiana’s Fertility Fraud Law Change?

Indiana’s fertility fraud law was the first in the country against a doctor using his own sperm on patients, The Atlantic reported. The governor signed it in May 2019. Dr. Donald Cline had admitted the practice in 2017.

How Many Families Did the University Hospitals Freezer Failure Affect?

The University Hospitals freezer failure affected more than 900 families, whose eggs and embryos were made nonviable, according to cleveland.com. The failure happened at the hospital’s fertility clinic in Cleveland.

What Happened in the CHA Fertility Center Lawsuits?

Good Morning America reported that on July 10, 2019, a Glendale couple sued CHA Fertility Center in Los Angeles, alleging their embryo was swapped. A New York couple separately sued after twins were born who were not biologically theirs. They said they spent more than $100,000.

References

  1. https://nypost.com/2026/09/19/us-news/florida-couple-accuse-brown-fertility-clinic-of-using-other-mans-sperm-to-create-daughters-embryo/
  2. https://www.ctinsider.com/business/article/coopersurgical-fertility-ivf-embryos-lawsuit-22322273.php
  3. https://abcnews.com/GMA/Family/couple-reaches-custody-agreement-daughters-biological-parents-after/story?id=133915638
  4. https://news.bloomberglaw.com/litigation/ivf-patients-end-embryo-destruction-suits-over-recalled-solution
  5. https://www.nbcnews.com/news/us-news/ivf-clinic-accused-embryo-mix-closes-legal-financial-problems-rcna266066
  6. https://www.theguardian.com/us-news/2026/feb/02/florida-fertility-clinic-embryo-lawsuit
  7. https://indianacapitalchronicle.com/2025/05/22/indiana-court-of-appeals-sends-fertility-doctor-deception-case-back-to-the-lower-courts/
  8. https://fox8.com/news/netflix-must-pay-385k-to-woman-exposed-as-fertility-doctors-secret-child-court/
  9. https://alabamareflector.com/2024/08/01/two-couples-drop-lawsuit-over-alabama-ivf-embryo-destruction-one-case-remains/
  10. https://www.law360.com/healthcare-authority/articles/2473871/coopersurgical-strikes-deal-to-end-embryo-loss-class-suit
  11. https://www.nbcnews.com/news/us-news/15m-awarded-five-people-who-lost-eggs-embryos-fertility-clinic-n1270439
  12. https://www.cnn.com/2020/02/05/us/ohio-fertility-clinic-lost-eggs-embryos-lawsuits
  13. https://www.cleveland.com/news/2019/09/uh-freezer-malfunction-update-more-than-150-families-settle-lawsuits-in-loss-of-embryos.html
  14. https://abcnews.go.com/GMA/Wellness/ohio-family-sues-fertility-clinic-claiming-daughter-father/story?id=64824708
  15. https://www.mayoclinic.org/tests-procedures/in-vitro-fertilization/about/pac-20384716
  16. https://www.washingtonpost.com/health/2024/04/28/ivf-errors-fertility-clinics-regulation/