A devastating lawsuit has been filed, highlighting the emotional and financial turmoil faced by a couple after the destruction of their donated embryos. On November 12, 2024, Joseph Benjamin, Jennifer Benjamin, Abigail Sanford, and Kyle Pitman lodged a complaint in the Superior Court of California, County of San Francisco against Laurel Fertility Care, Chart Industries Inc., and CryoGam Colorado LLC. The plaintiffs are seeking justice for what they claim was negligence and breach of contract that led to the loss of embryos stored at Laurel Fertility Care.
The case centers around the Benjamins' decade-long struggle with infertility. After numerous failed attempts at in vitro fertilization (IVF), their friends Abby Sanford and Kyle Pitman generously donated five viable embryos to them. These embryos were created between 2018 and 2019 and stored at Laurel Fertility Care in San Francisco. The transfer of ownership was documented on December 8, 2022. However, due to alleged negligence involving a defective Dewar container designed by Chart Industries Inc., these embryos were destroyed during transportation handled by CryoGam Colorado LLC.
According to the complaint, Chart Industries had issued a recall notice for the Dewar tank used in transporting the embryos as early as April 23, 2018. The plaintiffs argue that this defective tank led to a vacuum leak or failure compromising its integrity. Despite this known defect, it is alleged that both Laurel Fertility Care and CryoGam Colorado LLC continued using it without ensuring its safety or notifying users about potential risks. This negligence resulted in catastrophic emotional distress for all plaintiffs involved as well as significant financial harm.
The plaintiffs accuse Chart Industries Inc., Laurel Fertility Care, and CryoGam Colorado LLC of multiple breaches including strict products liability—design defects—and failure to warn consumers about potential hazards associated with their product usage; negligence; breach of contract; breach of warranty; along with causing severe emotional distress through their actions or lack thereof which directly led to damages suffered by them.
In pursuit of justice from these grievances inflicted upon them due largely because they trusted these companies’ expertise within respective fields handling such sensitive matters like embryo storage/transportation processes - plaintiffs seek special damages exceeding court jurisdiction limits alongside general ones too covering lost earnings medical expenses incurred plus pre-judgment interest costs related litigation efforts made thus far against defendants named hereinabove throughout proceedings underway now moving forward towards trial phase soon enough where hopefully truth shall prevail ultimately resulting favorable outcome desired most earnestly hoped possible given circumstances surrounding entire ordeal experienced firsthand here today tomorrow always remembered forevermore thereafter henceforth!
Representing this case are attorneys Michelle M. West Esq., Nathan R Hurd Esq., from Robinson Calcagnie Inc., while presiding over proceedings will be Judge Sahar Enayati under Case ID CGC-24-619718.