A shocking lawsuit has been filed, bringing to light allegations of severe misconduct in the field of fertility treatment. The plaintiffs, Michael Xavier, Joseph Xavier, Jezenya Xavier, and Jessica Luu, have filed a complaint against the University of California, San Francisco Health Medical Center (UCSF) and Dr. Christopher Herndon. This complaint was filed on November 4, 2024, in the Superior Court of California, County of San Francisco.
The plaintiffs allege that Dr. Christopher Herndon engaged in egregious acts during their fertility treatments at UCSF. Michael Xavier and Jessica Luu sought medical assistance from UCSF after struggling to conceive naturally. Their journey began with intrauterine insemination (IUI) treatments under Dr. Herndon's care in 2008 and later progressed to in vitro fertilization (IVF). The couple's hope turned into despair when they received a letter from UCSF in January 2024 while on vacation. The letter revealed that Dr. Herndon had been accused of replacing donor sperm with his own during fertility procedures without patient consent.
The complaint details how this revelation devastated the family emotionally and mentally. "With hearts pounding and minds reeling," the family learned that their children might not share Mr. Xavier's genetic material due to Dr. Herndon's alleged actions. The lawsuit accuses Dr. Herndon and UCSF of negligence, medical malpractice, breach of fiduciary duty, fertility fraud under California Civil Code § 1708.5.6, intentional infliction of emotional distress, negligent infliction of emotional distress, breach of contract, violation of California Civil Code § 1750 et seq., and negligent hiring, supervision, retention.
The plaintiffs are seeking compensatory damages for emotional distress and economic losses incurred due to these alleged violations. They also seek punitive damages under Civil Code § 3294 to deter similar conduct by others in the future.
Representing the plaintiffs are attorneys Steven D. Baric and Roxy S. Shekarriz from Baric Law P.C., based in Newport Beach, CA. The case is assigned to Judge Honorable CGC-24-619512 at the Superior Court of California.