The tragic circumstances at the UH fertility clinic has affected MORE THAN 4000 EMBRYOS. Double what was originally reported. And tragically UH is now admitting that the embryos are likely not viable.
The Robenalt law firm attended the hearing in Cuyahoga County Common Pleas Court on Monday and given the likelihood of early resolution, we are handling these cases on individually, not as part of a class action, and on a reduced contingent legal fee of 25% if the claims are resolved prior to the initiation of a lawsuit. We will earn no fee unless we get you a satisfactory recovery. At the hearing on Monday, UH said they are committed to early resolution of the claims and they have recently admitted significant fault. They have admitted the that alarm system was shut off. They have admitted that they knew there was a problem with the automatic refill system on the tanks and that rather than using a replacement tank provided by the manufacturer CBS, they chose to manually refile the tanks with liquid nitrogen. UH knew there was a problem but chose to disregard the risk to human life. The most recent letter to families affected by the system failure will certainly subject the University Hospitals of Cleveland to claims of punitive damages. And the Robenalt law firm will aggressively pursue those claims.
The Robenalt Law Firm is currently investigating and handling claims against University Hospitals of Cleveland Fertility Center. The heartbreaking news that embryos have been destroyed, takes these claims to a new level. Our initial investigation results indicate that these claims are individual in nature and the damages in each claim are also individualized and unique. Our recommendation to our clients is the these claims should be filed as separate and distinct claims, so that their damages can be presented separately in one jury trial, if they are not resolved prior to trial. Class action claims are typically certified by court under Ohio Civil Rule 23 when the damages are identical, and thus it is our opinion that these claims should be pursued individually and not as part of a class action.
Robenalt law has over 25 years of experience is investigating and prosecuting claims against University Hospitals of Cleveland. We handle a limited number of claims and we can obtain your records and present your claims in a thorough and detailed fashion.
The faulty tanks have caused the temperature of the eggs and embryos tanks to rise to an unacceptable level which could have resulted in damage to the eggs and embryos. But the liability issues don’t stop there. UH’s handling of these embryos and the discovery of these incidents has been problematic to say the least. Our investigation has revealed that there was a delay in notification of the FDA, that embryos were destroyed without patient permission, that doctors have conducted conference calls callously indicating to patients that they should “move on.” Were there alarms on the tanks? Were there back-up tanks available? Patients need answers to these questions and a firm well versed in the handling of medical negligence cases.
Patients who have eggs and embryos that might have been affected will receive notice either by way of letter or phone call from University Hospitals of Cleveland. Dr. Liu, a UH physician, has been quoted as saying that this unacceptable temperature in the tanks led to “potential compromised embryos and our fear is that a significant number of embryos and eggs have been compromised.”
The Robenalt Law Firm has experience in the investigation and prosecution of medical negligence claims against fertility clinics. If you or a loved one has eggs or embryos that might have been affected, please feel free to contact Robenalt Law at 216-223-7535. Your claim and call will be handled by a lawyer who has experience handling these claims.