AP

$15M awarded over eggs, embryos ruined at fertility clinic

Jun 10, 2021, 6:05 AM | Updated: 7:05 pm

SAN FRANCISCO (AP) — A jury on Thursday awarded nearly $15 million to five people who lost eggs or embryos when a cryogenic storage tank failed at a fertility clinic.

A federal jury made the award in a lawsuit filed over the 2018 tank failure at the Pacific Fertility Center in San Francisco that destroyed about 3,500 frozen eggs and embryos.

The award — including more than $14 million in damages for pain, suffering and emotional distress — will go to three women who lost eggs and a married couple who lost embryos.

Their case is the first to go to a jury, but hundreds of other people also have sued the clinic and Chart Industries Inc., which made the cryogenic tank where the specimens were stored.

During the trial, the women and the couple described their pain from the loss.

Chloe Poynton, 39, lost nine eggs.

“It’s really painful to be at a baby shower celebrating someone else’s family being built and knowing inside you’ll never get that,” Poynton testified. “So you start to pull back. You start to isolate.”

A similar tank failure in a Cleveland suburb that occurred the same day as the San Francisco failure ruined more than 4,000 eggs and embryos. They were the biggest such losses on record in the U.S., causing centers around the nation to review their procedures.

In closing arguments during the San Francisco trial, a lawyer for Chart blamed the fertility center for the tank failure. But jurors rejected the argument that the tank had been misused or improperly modified.

Jurors found that a manufacturing defect was to blame for the tank failure and found Chart 90% responsible and negligent for failing to recall the malfunctioning part, finding that was a “substantial factor” in causing harm.

The part was a controller that monitored liquid nitrogen levels.

Pacific Fertility was found negligent and 10% responsible for harm.

The three women were each awarded about $2 million to $3 million, while the couple was awarded $7.2 million.

Messages left for Chart’s attorney and Pacific Fertility weren’t immediately returned Thursday.

Copyright © The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

AP

Image: A cargo ship is stuck under the part of the structure of the Francis Scott Key Bridge after ...

Associated Press

Authorities identify 2 bodies recovered at site of Baltimore bridge collapse

A major bridge in Baltimore snapped and collapsed after a container ship rammed into it early Tuesday, and several vehicles fell into the river below.

2 days ago

Photo: Mountaineer Jim Whittaker has died at 95....

Gene Johnson, The Associated Press

Lou Whittaker, among the most famous American mountaineers, has died at age 95

Lou Whittaker, a legendary American mountaineer who helped lead ascents of Mount Everest, K2 and Denali, has died at age 95.

2 days ago

File photo: Former Sen. Joe Lieberman speaks in Washington on Jan. 18, 2024....

Associated Press

Former Sen. Joe Lieberman, Democrats’ VP pick in 2000, dead at 82

Former U.S. Sen. Joe Lieberman of Connecticut, who nearly won the vice presidency on the Democratic ticket with Al Gore in 2000, has died.

2 days ago

islamic state attack...

Vanessa Gera, The Associated Press

What we know after the Islamic State group claims responsibility for Moscow massacre

The Islamic State group has claimed responsibility for an attack on a suburban Moscow concert hall that killed at least 133 people.

5 days ago

Moscow shooting...

The Associated Press

Russia: 60 dead, 145 injured in concert hall raid; Islamic State group claims responsibility

Assailants burst into a concert hall in Moscow on Friday and sprayed the crowd with gunfire, killing over 60 people, injuring more than 100.

7 days ago

Photo: Britain's Kate, Duchess of Cambridge visits 282 (East Ham) Squadron, RAF Air Cadets, Cornwel...

Associated Press

Kate Middleton announces she has cancer, is undergoing chemotherapy

Kate Middleton, Princess of Wales, says she is undergoing chemotherapy to treat cancer. She has been out of view since Christmas.

7 days ago

$15M awarded over eggs, embryos ruined at fertility clinic