Why Investigate Fertility & Embryo-Loss Claims?
Fertility treatments such as in vitro fertilization (IVF) involve complex medical protocols, high-precision laboratory operations, and rigorous standards of care. When something goes wrong — whether in the IVF lab, during embryo storage, or through procedural errors — the consequences can be devastating.
Types of Fertility / Embryo Claims We Investigate
We evaluate and investigate cases involving:
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Embryo or gamete storage failures (e.g. tank malfunctions, temperature control lapses, alarm failures)
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Cryopreservation errors (mishandling of eggs, sperm, or embryos)
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Mislabeling, misidentification, or genetic mix-ups
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Defective lab equipment or consumables (culture media, incubators, monitoring devices)
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Failure of monitoring or maintenance protocols
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Errors or omissions in embryo transfer (wrong embryo transfer, mix-ups)
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Communication breakdowns or record-keeping failures
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Negligent oversight or supervision in fertility labs or clinics
If your fertility clinic, laboratory, storage facility, or medical device provider failed in their duty of care and you sustained harm or loss, we want to hear your story.
Experience Matters
Sauder Schelkopf attorneys have a long history of fighting for women’s rights. The Legal Intelligencer named the firm’s partners in its 2020 Pennsylvania Trailblazers list recognizing 31 lawyers who “have taken extra measures to contribute to positive outcomes . . . and who are truly agents of change.” The Legal highlighted the firm’s innovative work on advocacy as class counsel in large institutional sex abuse cover-ups, and women’s and children’s rights. The firm has been at the forefront of some of the most important women’s rights cases.
- Sauder Schelkopf LLC and co-counsel filed a class action lawsuit against CooperSurgical, Inc. and The Cooper Companies, Inc on behalf of individuals impacted by the recall of its culture media product. The lawsuit alleges that CooperSurgical, which manufactures, markets and sells products to fertility clinics, sold a defective embryo culture media designed to support the growth and development of embryos created through in vitro fertilization (IVF). It is alleged that this defective culture media destroyed or damaged embryos during the IVF process.
- Sauder Schelkopf filed the first nationwide class action lawsuit to protect individuals from the increased risk of breast implant-associated anaplastic large cell lymphoma (BIA-ALCL), associated with Allergan BIOCELL textured breast implants. The Food and Drug Administration (FDA) recently requested that Allergan recall its BIOCELL textured breast implants and tissue expanders. Allergan agreed and is removing these products from the global market. Our firm was court-appointed to serve on the steering committee.
- Sauder Schelkopf, and co-counsel, reached a $215 million settlement on behalf of female patients of Dr. George Tyndall, a gynecologist at the University of Southern California accused of sexual misconduct since the 1990s. The settlement also included significant policy changes to prevent future sexual misconduct.
- Sauder Schelkopf represented women who suffered a catastrophic loss of fertilized eggs and embryos when the Pacific Fertility Center’s storage tank malfunctioned at its San Francisco fertility clinic.
- Sauder Schelkopf represented women in a lawsuit against Ferring Pharmaceuticals, Inc. related to the manufacture and sale of its fertility drug, Bravelle. It was alleged that over 18 months, Ferring knew or had reason to know that Bravelle was sub-potent and could not deliver on its promised benefits.
- Sauder Schlekopf represented women who were implanted with Essure, a female birth control device. It is alleged that the devices migrated and fractured, punctured internal organs, or caused other injuries.
- Sauder Schelkopf represented women who alleged they were subjected to sexual misconduct by a gynecologist at a hospital located in Pasadena, California.
We Want to Hear from You
If you were impacted by fertility or IVF negligence, contact the lawyers at Sauder Schelkopf by filling out the form on this page.