Married couple alleges negligence in fertility treatment, claiming emotional and financial devastation. Maricel and Justin Seara filed a complaint on April 30, 2025, in the Superior Court of California, County of San Francisco, against Kindbody, Inc., and associated entities.
The Searas accuse Kindbody and its affiliates of medical negligence, corporate negligence, failure to obtain informed consent, and negligent misrepresentation. The couple sought fertility services at Kindbody's San Francisco clinic in 2023 after deciding to undergo IVF. Despite assurances from the clinic about transferring healthy embryos, they claim that an embryo transfer performed on May 1, 2024, involved an embryo that was not viable due to cryodamage. The plaintiffs allege that they were misled into believing the embryo was healthy and suitable for transfer. "Defendants represented themselves as experts," the complaint states, yet they failed to disclose critical information about the embryo's condition. This alleged misrepresentation led to emotional distress and financial losses for the couple.
The lawsuit outlines how Maricel underwent an egg retrieval procedure in October 2023 resulting in six embryos. Two were deemed euploid (genetically normal), but during a transfer attempt in May 2024, it became apparent through subsequent investigations that one of these embryos had significant cryodamage. A Facebook group post by Maricel revealed concerns from another embryologist about the embryo's viability based on a photo provided by Kindbody. The plaintiffs assert that neither Dr. Geraldine Ekpo nor Dr. Nan Zhang disclosed this issue before or after the procedure.
Seeking justice for their ordeal, the Searas demand general damages within the court's jurisdiction alongside special damages covering medical expenses and loss of income. They argue that Kindbody's negligence caused them physical injuries and mental anguish while also failing to diagnose Maricel’s endometriosis adequately—a factor they believe contributed further to their unsuccessful pregnancy attempt.
Represented by attorneys Nancy Hersh and Kate Hersh-Boyle from Hersh & Hersh law firm, the plaintiffs have called for a jury trial under case number CGC-25-624916 before Judge Marivic Viray.