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NORTHERN CALIFORNIA RECORD

Friday, March 29, 2024

California fertility clinic sued after woman's frozen eggs allegedly damaged

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SAN FRANCISCO — A woman has filed a lawsuit against San Francisco Fertility Centers claiming her frozen eggs were damaged while stored in a cryo-preservation tank that malfunctioned, according to court documents.

She is citing alleged breach of contract, negligence and strict liability.

M.P. filed a complaint on Oct. 10, in San Francisco Superior Court, against Prelude Fertility Inc., San Francisco Fertility Centers, Pacific Fertility Center, Chart Industries Inc. and Does 1-100 for alleged violation of the Consumer Legal Remedies Act.

According to the complaint, on March 11, she was notified by email, as the owner of 11 oocytes that her frozen eggs contained in Tank 4 may have been damaged due to an alleged defective cryo-preservation storage system owned, controlled and operated by defendants. 

Plaintiff claims she was again notified by defendants that the incident resulted from a "failure of the tank" vacuum seal. 

The plaintiff alleges the defendants failed to adequately maintain, inspect, monitor, and/or test their cryo-preservation tanks for storage of human eggs and embryos and permitted a leakage or tank-failure to occur with respect to one of the liquid nitrogen tanks.

The plaintiff requests a trial by jury and seeks judgment for damages, prejudgment interest, equitable relief, attorneys' fees, costs of suit, and for such other and further relief as the court may deem proper. 

She is represented by Michael A. Kelly and Doris Cheng of Walkup, Melodia, Kelly & Schoenberger in San Francisco.

San Francisco Superior Court Case number CGC18570397

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