A federal jury ruled in a proceeding filed in a 2018 tank failure at the Pacific Fertility Center in San Francisco, which destroyed about 3,500 frozen eggs and embryos.
The award is given to three women who have lost their eggs and a couple who have lost their embryos, including more than $ 14 million in damages for pain, suffering and mental distress.
Their proceedings go to the jury first, but hundreds of others have sued the clinic and Chart Industries, which created a cryogenic tank to store specimens.
During the trial, the woman and her husband explained the pain caused by the loss.
Chloe Pointon, 39, has lost nine eggs.
“It’s really hard to be in a baby shower to celebrate the birth of another’s family, but I know I can never understand it in my heart,” Pointon testified. “So , You start to retreat. You start to be isolated. “
A similar tank failure in the suburbs of Cleveland, which occurred on the same day as the San Francisco failure, ruined more than 4,000 eggs and embryos. These were the biggest losses on record in the United States, and centers across the country had to review the procedure.
In closing arguments during the trial in San Francisco, Chart’s lawyer accused the aquarium’s failure at a fertility center. However, the jury denied allegations that the tank was misused or improperly modified.
The jury determined that a manufacturing defect was the cause of the tank failure and that 90% of the charts were responsible for not recalling the failed part and that it was negligent.
This part was a controller that monitors liquid nitrogen levels.
The Pacific Fertility was negligent and 10% were found to be the cause of the harm.
Each of the three women received about $ 2 to $ 3 million, and the couple received $ 7.2 million.
The message left to Chart’s lawyer and Pacific Fertility was not returned immediately on Thursday.
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Infertility Clinic proceedings: $ 15 million awarded for eggs and embryos destroyed in science fiction cryogenic storage tanks
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