It depends on the particular facts of your case, but in many instances – yes – you can still make a claim. Most of our clients only discover they’ve been the victims of fertility center misconduct years after it happened. In cases where the wrong egg, sperm, or embryos were implanted, families often discover wrongdoing years later through online genetic testing from websites like 23andme.com or ancestry.com. We have helped families recover millions of dollars from fertility clinics for wrongdoing that occurred even a decade or more earlier. If you think you’ve been the victim of fertility misconduct—even if it happened many years ago—contact us for a free case evaluation. We are happy to talk with you to determine whether you have a claim.  

This is a complicated area of law and fertility clinics have an army of lawyers working for them. In most cases, it makes sense to have a good lawyer on your side with specialized knowledge of fertility issues. At the very least, you should have an initial consultation with a lawyer to go over your case. We offer free case evaluations with no obligation.

You will NEVER pay anything out of pocket. Our initial case evaluation is always free. If we determine that you have a case, we only get paid a fee if we are able to collect money for you through a verdict or settlement. This is called a “contingent fee” arrangement, where the attorney gets paid a percentage of money collected for their client’s case. If we are unable to collect any money for you, we get paid nothing and you owe us nothing. We are able to offer this fee structure because we win a very high percentage of our cases and often recover substantial amounts for our clients.

Absolutely. We understand that fertility claims involve extremely sensitive and confidential subject matter, and we take our clients’ privacy very seriously. Our settlement agreements always contain strict confidentiality clauses, and if a lawsuit must be filed, we use pseudonyms in place of our client’s actual names, e.g., John Doe, Jane Doe and Child Doe. We do our utmost to protect our clients’ identities from public disclosure.

It depends on which state the wrongdoing took place in and what exactly happened. Many states have caps on the amount of “pain and suffering” that a claimant can recover for medical malpractice. “Pain and suffering” includes not just physical pain but things like mental anguish, grief, and anxiety, which are often the main items of damage in fertility cases. In many instances, we are able to argue that the conduct in question does not constitute “medical malpractice,” but is instead fraud, medical battery, or intentional infliction of emotional distress—claims that do NOT have caps on pain and suffering damages. Even in states with damages caps, we have been able to obtain millions of dollars for victims of fertility clinic misconduct.

It depends on the type of misconduct. In many cases, both parents will have claims, but their claims could be under different legal theories. A child may also have a claim depending on whether they have suffered any physical injuries, sickness or handicap relating to the fertility procedures. In general, healthy children who are the product of a sperm/egg/embryo mixup do not have a claim for “wrongful life,” and claims for such mixups will reside with the parents. Fertility misconduct cases are very fact-specific; if you have questions about whether you may have a claim, we encourage you to contact us for a free case evaluation.  

This is often one of the biggest concerns our clients have.  They fear that if they make a claim against a fertility clinic, they will be exposing themselves to a claim for parental rights by a stranger, or risking that some stranger may try to contact their child. The short answer to these questions is this: HIPPA laws protect you and your child’s identities, and your information can never be legally disclosed to the biological parent. Parents who have a child through fertility procedures — regardless of the child’s DNA — are the legal parents of such children. A sperm, egg or embryo donor—whether intentional or accidental—will not have any legal claim to your child. This is a complicated area of law, which is why our legal team includes a children’s rights attorney. For more information, please call us for a free case evaluation with no obligation.

Yes! We encourage anyone who thinks they’ve been the victim of fertility clinic wrongdoing to contact us for a free case evaluation. We are happy to talk to you and your family and answer any questions you may have. We do not charge for this service and you are under absolutely no obligation to hire us. We understand how traumatic fertility misconduct can be for families and we strive to be a resource of information. There is never any pressure to hire us and your information will always be kept strictly confidential.