Lawsuit claims malfunction in 2016 at University Hospitals Fertility Clinic

Another lawsuit has been filed in Cuyahoga County Common Pleas Court against University Hospitals Ahuja Medical Center Fertility Clinic.

The lawsuit was filed on behalf of Gina and George Latcheran and alleges problems at the clinic dating back to 2016.

According to the lawsuit, in March 2016, Gina had 12 embryos being developed in an incubator.

She was scheduled to undergo an IVF transfer that same month until she was notified by her doctor that there was an “incubator malfunction” and that 9 of the 12 embryos were no longer viable.

The viability of the remaining 3 embryos was also in question, and resulted in an unsuccessful IVF transfer.

In the summer of 2016, the family tried again with a “second set” of harvested eggs and embryos.

Some of the embryos from the second set were successfully transferred and Gina gave birth to two beautiful girls.

The couple planned to have the remaining embryos transferred in the summer of 2018, but learned they were destroyed, along with approximately two-thousand other eggs and embryos when the temperature rose inside of the liquid nitrogen tank March 3-4, 2018.

Hundreds of people have been impacted by the recent situation.

UH is investigating but at this time can not say if it was caused by human error or a mechanical malfunction.

Several class action lawsuits have already been filed against UH, but this is the first to allege previous problems at the clinic.

When asked about this latest lawsuit, University Hospitals responded with this statement:

"In March of 2016, one of our incubators lost power.  Approximately five patients were affected, and we worked with each of them to find the best solution possible to help them move forward.  It’s our policy not to comment on pending litigation, including this most recent case, but we feel it is important to note that the event in 2016 is not in any way related to the storage tank incident we now are investigating.  We remain committed first and foremost to do what is best for our patients."

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