Story at a glance
- A freezing tank failed at a San Francisco fertility clinic in 2018, leaving thousands of embryos and eggs unviable.
- A jury found the tank manufacturer, Chart Inc., and the Pacific Fertility Center were at fault.
- A second trial including nine additional plaintiffs whose embryos were stored in the failed tank is set for November, and additional trials are scheduled next year.
A California jury has awarded nearly $15 million to five patients of a San Francisco fertility center who lost eggs and embryos due to a storage tank failure.
In March 2018, a cryopreservation tank failed at Pacific Fertility Center’s San Francisco, rendering thousands of eggs and embryos unviable. The facility said the tank lost liquid nitrogen due to a defect and was unable to maintain a safe temperature for the eggs and embryos inside.
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The plaintiffs included three individuals whose eggs were stored in the tank and two individuals whose embryos were in the tank.
A jury on Thursday found the tank manufacturer, Chart Inc., should be held accountable as it was 90 percent at fault and Pacific Fertility Center was 10 percent at fault. Chart had reportedly known about the defect and did not warn Pacific Fertility Center about the issue, according to The Guardian.
The case marks the first time a jury has awarded damages to victims who have lost eggs, embryos and other genetic material.
“This is an important and emotional ending for our clients who have been through so much pain and hardship since the 2018 tank failure,” Amy Zeman, an attorney representing the plaintiffs, said in a statement.
“The jury spoke loudly and unequivocally today, and their clear determination of Chart’s responsibility for the defective tank will have significant ramifications for future cases. We are proud of this result and for achieving some amount of justice and closure for our clients through this trial,” Zeman said.
A second trial including nine additional plaintiffs whose embryos were stored in the failed tank is set for November and additional trials are scheduled next year.
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