The suit comes after a disaster earlier this week at the fertility clinic which may have damaged more than 2,000 embryos and eggs.
The March 4 incident at Pacific Fertility Clinic, acknowledged on Sunday by the facility's president, is the second such admission in a matter of days, coming on the heels of a similar malfunction the same weekend at an unrelated clinic in Cleveland. For patients, the devastating news of that malfunction is now compounded by an agonizing wait to see if their eggs and embryos are still viable. In the wake of the San Francisco incident, Herbert said the clinic has begun a conscientious letter-writing campaign to about 500 of the clinic's patients "that may have been involved in this tank". Another filled tank replaced it, and the tissue specimens were transferred.
"There is just not an ability to do this unemotionally". It's not clear how the affected patients will be compensated. Herbert told the Post some of the eggs in the tank had been tested, and were undamaged.
It could take months for patients of that clinic to know if their eggs and embryos are still viable. He says they have not checked any of the embryos.
The hospital issued an apology after the unexplained malfunction caused temperatures inside the storage tank to rise. Pacific Fertility said in a statement that "the vast majority of the eggs and embryos in the lab were unaffected, and the facility is operating securely".
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"This was a awful incident", Herbert said, "but I was reassured that. he did everything anybody could ever want to do". The clinic also has brought in a multidiscplinary team to investigate the tank itself and "every aspect that involves cryopreservation", he said. Each year many patients' injury the costly process to freeze eggs and embryos which can take emotional Cole.
Unfortunately, the patients won't really know the viability of these eggs.
According to the Pacific Fertility website, egg-freezing costs $8,345 for the first round and $6,995 for each subsequent round.
Samples would need to be unthawed to determine whether they've been damaged.