When a Fertility Clinic's Negligence Shatters Your Dream of a Family
The path to parenthood through IVF, egg or embryo freezing, and surrogacy demands an enormous emotional, physical, and financial investment. You place your trust — and often your only chance at a biological child — in the hands of a fertility clinic, embryology lab, or storage facility. When that trust is broken through negligence, the loss can be devastating and, all too often, irreversible.
At the Law Offices of Cohen, Cohen & Cohen, PC, we hold negligent fertility providers accountable and fight to recover the compensation California families deserve.
Fertility & reproductive negligence cases we handle
Our attorneys represent intended parents, patients, and donors in a wide range of fertility and reproductive negligence claims, including:
- Lost, destroyed, or damaged embryos, eggs, or sperm
- Cryostorage tank and freezer failures — temperature or liquid-nitrogen failures that ruin stored genetic material
- IVF and embryo-transfer errors — the wrong embryo, wrong donor, or wrong patient
- Mix-ups or misidentification of eggs, sperm, or embryos
- Failed or mishandled genetic testing and screening
- Unauthorized use, disposal, or implantation of genetic material
- Negligent screening of egg, sperm, or embryo donors
- Botched egg retrieval or other procedural negligence
Who can be held liable?
Depending on how and where the negligence occurred, one or more parties may be responsible for your loss:
- Fertility clinics and IVF centers
- Embryology and andrology laboratories
- Reproductive endocrinologists, physicians, and nursing staff
- Cryopreservation and tissue-storage facilities
- Egg and sperm banks and donor agencies
- Manufacturers of storage tanks, cryogenic equipment, and monitoring alarms
We investigate every link in the chain of custody to identify each responsible party.
Damages we pursue
When a provider’s negligence causes irreversible harm, the law allows you to pursue compensation for both the tangible and the deeply personal costs, including:
- The emotional distress and grief of losing irreplaceable genetic material
- Medical expenses for repeat IVF cycles, retrievals, and treatment
- The cost of future assisted-reproduction attempts
- Lost wages and travel costs tied to treatment
- Loss of the ability to have a biological child
- Punitive damages where the provider’s conduct was reckless or egregious
How a fertility negligence case works
1
Free case review. We review your treatment records, contracts, and what the clinic told you — at no cost — to determine whether you have a claim.
2
Investigation & experts. We work with reproductive-medicine, embryology, and cryogenics experts to uncover exactly what went wrong and who is responsible.
3
Build your case. Medical records, storage and monitoring logs, consent forms, and expert testimony are assembled into a compelling claim.
4
Negotiate or litigate. We pursue the maximum recovery — at the settlement table or in court — and you owe no fee unless we win.
Questions we're asked most about fertility clinic negligence
Do I have a case if my embryos or eggs were lost or destroyed?
If a clinic, laboratory, or storage facility failed to properly handle, store, or monitor your genetic material and you suffered a loss as a result, you may have a claim for negligence, breach of contract, or bailment. The best way to know for certain is a free, confidential case review.
How long do I have to file a claim in California?
Deadlines vary by the type of claim. Medical malpractice claims generally must be filed within one year of discovering the harm (and no more than three years after it occurs), while other negligence and contract claims may allow more time. Because these rules are strict and fact-specific, contact us as soon as possible so you don’t lose your right to recover.
What is my fertility negligence case worth?
Every case is different. Value depends on factors such as the type and amount of genetic material lost, whether it can be replaced, the cost of additional treatment, the emotional harm you suffered, and the nature of the provider’s conduct. We carefully evaluate all of these to pursue the full compensation you deserve.
The clinic had me sign a consent form or waiver. Can I still sue?
Often, yes. Consent forms and liability waivers do not give a provider a free pass to act negligently, and California courts frequently limit or refuse to enforce them. Let us review your paperwork — signing a form rarely ends the analysis.
How much does it cost to hire your firm?
We handle fertility negligence cases on a contingency-fee basis. You pay nothing up front, and we only collect a fee if we recover compensation for you. Your initial consultation is always free.
Let Us Help You Hold Them Accountable
Schedule your free, confidential case evaluation with the Law Offices of Cohen, Cohen & Cohen, PC today. Call us at 818.347.2121 or 805.590.8789, or contact us online to get started. ¡Hablamos Español!
