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Judge denies motion by University Hospitals to drop fertility clinic lawsuits

CLEVELAND -- A judge has denied a motion by University Hospitals to dismiss lawsuits over a failure at its fertility clinic.

Earlier this month, FOX 8 News learned that lawyers for the hospital filed a motion in court to have the first of many lawsuits filed against UH dismissed. Lawyers argued the suits qualified as medical malpractice claims and were not filed with the necessary paperwork.

The lawsuits were filed after a catastrophic failure in a storage tank destroyed 4,000 embryos at the hospital's fertility clinic in March.

The judge ruled there is no precedent that the storage of fertility samples qualifies as medical care so the lawsuit does not qualify as malpractice and does not merit dismissal.

Earlier this month, University Hospitals said it continues to offer clinical and emotional support to affected patients.

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