A 44-year-old architect from the Bay Area has filed a lawsuit against a prominent fertility clinic, alleging negligence and misconduct that resulted in the loss of her embryos. Shu Chang, represented by Fertility Law Group attorneys Michelle B. Hemesath and Robert H. Marcereau, filed the complaint on March 19, 2025, in the Superior Court of California for the County of San Francisco against Spring Fertility Holdings, LLC and associated entities.
The case revolves around allegations of negligence during fertility treatments undergone by Shu Chang at Spring Fertility, a clinic advertised as a leading fertility center in the Bay Area. According to the complaint, Chang underwent three egg retrieval procedures under Dr. Nam D. Tran's care at Spring Fertility. These procedures were invasive and involved significant hormonal treatment to retrieve eggs for fertilization with donor sperm. Despite creating only a few viable embryos from these procedures, two embryos were lost during a transfer attempt on May 22, 2024.
Chang recounts that on the day of the procedure, there was an unusual atmosphere in the clinic's procedure room—no music played as usual—and Dr. Tran mentioned having "the B Team" with him that day. During the procedure, Dr. Tran struggled with catheter placement and subsequently discovered that the embryos intended for transfer were missing. After leaving Chang exposed on the operating table for over 15 minutes while consulting with an embryologist, Dr. Tran returned to inform her that they could not locate her embryos and offered another round "on us," leaving Chang devastated.
Spring Fertility later attempted to offer Chang a free egg retrieval and IVF cycle in exchange for waiving any claims against them and maintaining silence about the incident—a proposal she declined. The lawsuit accuses Spring Fertility of prioritizing profits over patient care due to its backing by venture capitalists like Wildcat Capital Management, which allegedly leads to understaffing and inadequate training.
The complaint highlights reviews from former employees describing poor training practices and management focused solely on profit rather than patient care as further evidence of systemic issues within Spring Fertility's operations.
Chang seeks general damages according to proof at trial, compensation for loss of property (her embryos), medical expenses past and future, damages for loss of earnings potential, court costs incurred in pursuing this action, and any other relief deemed just by the court.
Representing Shu Chang are attorneys Michelle B. Hemesath and Robert H. Marcereau from Fertility Law Group based in Santa Ana, California. The case is filed under Case No: CGC-25-623439 in front of judges yet to be assigned.