Rochester Medical Malpractice and Personal Injury Lawyer Blog
Patients who undergo fertility treatment place tremendous trust in their providers to safeguard their reproductive material. When mistakes occur in the storage or handling of such material, the consequences can be profound, leaving patients not only without the opportunity to conceive but also with complex legal battles. A recent decision from a New York court highlights how courts assess negligence and related claims when frozen oocytes are allegedly mishandled. If you or a loved one has suffered harm connected to fertility treatment, it is crucial to consult with a Rochester medical malpractice attorney experienced in handling such cases to understand your rights.
Facts of the Case
It is reported that the plaintiff underwent an egg retrieval procedure in 2014, during which eighteen oocytes were collected. Sixteen were frozen for future use, while two were discarded as nonviable. The frozen oocytes were initially stored at one facility and later transferred to another clinic’s custody in 2016.
Allegedly, during a visit to the new facility, the plaintiff observed that her oocytes were left outside of cryogenic storage tanks for a period of time, causing her concern about their viability. The plaintiff reported her concerns to the facility’s owner, who assured her that an investigation would take place, but no follow-up occurred.
It is further alleged that in 2021, when the plaintiff attempted to use her oocytes at a fertility clinic in New Jersey, all sixteen were discovered to be degenerated and unusable. She subsequently filed suit against the clinics involved, asserting claims of negligence, medical malpractice, breach of bailment, and deceptive business practices. The defendant then sought summary judgment on multiple claims.
Standards for Medical Malpractice Claims Arising out of Fertility Treatment
The court examined the standards for medical malpractice, breach of bailment, and negligence. The judge determined that the plaintiff’s medical malpractice and deceptive business practices claims could not proceed, finding insufficient legal or factual grounds. Similarly, the bailment claim failed because the plaintiff could not establish that her oocytes were delivered to the defendants in good condition, given her allegation that they may have been destroyed at the point of vitrification.
The court also dismissed the plaintiff’s theory of negligence under res ipsa loquitur, concluding that the circumstances did not justify applying that doctrine. However, the court held that her ordinary negligence claims, focused on whether the oocytes were mishandled during freezing or storage, presented triable issues of fact. These claims, therefore, were allowed to proceed to trial.
Meet with a Seasoned Rochester Medical Malpractice Attorney
Cases involving reproductive material highlight the intersection of science, medicine, and law. While courts apply strict requirements for malpractice and related claims, they also recognize the seriousness of alleged mishandling of genetic material. If you have faced harm due to negligent fertility treatment or related medical errors, you should speak to a lawyer about your options. The seasoned medical malpractice attorneys at DeFrancisco & Falgiatano Personal Injury Lawyers can assess your case and help you pursue the justice you deserve. Contact us today at 833-200-2000 or online to schedule a free and confidential consultation.
