Lawsuit Frequency and Claims Basis Over Lost, Damaged, and Destroyed Frozen Embryos Over a 10-Year Period

5 Pages Posted: 26 Oct 2020 Last revised: 28 Oct 2020

See all articles by Dov Fox

Dov Fox

University of San Diego: School of Law

Gerard Letterie

Seattle Reproductive Medicine

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

Suggested Citation

Fox, Dov and Letterie, Gerard, Lawsuit Frequency and Claims Basis Over Lost, Damaged, and Destroyed Frozen Embryos Over a 10-Year Period (2020). San Diego Legal Studies Paper No. 20-472, F&S Reports, Available at SSRN: https://ssrn.com/abstract=3719227 or http://dx.doi.org/10.2139/ssrn.3719227

Dov Fox (Contact Author)

University of San Diego: School of Law ( email )

5998 Alcalá Park
San Diego, CA 92110
United States
(619) 260-4600 (Phone)

HOME PAGE: https://www.sandiego.edu/law/about/directory/biography.php?profile_id=3332

Gerard Letterie

Seattle Reproductive Medicine ( email )

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
91
Abstract Views
545
Rank
509,542
PlumX Metrics