Lawsuit Frequency and Claims Basis Over Lost, Damaged, and Destroyed Frozen Embryos Over a 10-Year Period
San Diego Legal Studies Paper No. 20-472
F&S Reports
5 Pages Posted: 26 Oct 2020 Last revised: 28 Oct 2020
Date Written: 2020
Abstract
We reviewed the last decade of US state and federal cases involving discarded, lost, and damaged frozen embryos, and evaluated against data from the 398,256 embryo-thaw procedures reported nationally. Credible lawsuits range from business fraud to product liability, and are seldom for medical malpractice. Our results suggest that best practices in storage of frozen embryos should include not only improvements in hardware and monitoring of storage conditions of specimens but also setting standards for communications among patients, providers, and embryology laboratories regarding disposition of embryos.
Keywords: case analysis, IVF embryos, freezer failures, personal injury, breach of contract, product liability, professional negligence, unfair business practices, medical malpractice, best practices, fertility industry, patients, providers, laboratories
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