University Hospitals fertility clinic faces new lawsuits after tank failures

Jan. 24, 2019, 6:49 PM GMT

By Erika Edwards

Lawyers in Cleveland, Ohio, have announced eight new lawsuits against University Hospitals Fertility Center, as well as CAS DataLoggers. This is in addition to more than 70 lawsuits already filed against the hospital system for its role in a cryo tank malfunction that ruined more than 4,000 frozen eggs and embryos, lawyers said Thursday.

“The loss suffered by our clients is devastating,” said Adam Wolf, attorney with the law firm Peiffer Wolf Carr and Kane. “Those eggs and embryos represented the hopes of having children for hundreds of American families.” The Cleveland lawyers represent about 100 of the nearly 1,000 affected families.

It’s been nearly a year since the temperature rose in the storage tank at University Hospitals Fertility Center in Beachwood, Ohio. The incident during the weekend of March 3, 2018, went undetected for a period of time because a remote alarm system — which should have alerted employees to temperature swings — had been turned off. University Hospitals Fertility Center later sent letters to nearly 1,000 affected patients apologizing for the massive malfunction. None of the eggs or embryos remained viable.

“We don’t know who turned off the remote alarm nor do we know how long it was off,” the letter stated. “We are still seeking those answers.”

The new lawsuits claim CAS DataLoggers, located in Chesterland, Ohio, was responsible for monitoring the remote alarm.

Two couples who lost embryos in the malfunction attended a press conference in Cleveland with their lawyers on Thursday. Emily Petite said she and her husband, Matt, previously went through in-vitro fertilization and have a son. They were hoping for more children.

“We truly believed our embryos were in safe keeping,” said Petite, 31, of Lake County, Ohio.

There is a one year statute of limitations for medical malpractice lawsuits in Ohio. That means patients affected by the tank malfunction at University Hospitals Fertility Center who wish to file a medical malpractice lawsuit must do so by the first week in March.

Another couple, Rick and Wendy Penniman, has filed a separate lawsuit against University Hospitals. The couple is seeking legal declaration that their lost embryos be considered living people, not property. If granted, the Pennimans could impact the type of lawsuit filed.