Settlements for a fertility clinic negligence lawsuit can vary from $10,000 to $5,000,000. If we had to pick a settlement range that can be described as “average,” $50,000 to $300,000 may be a fair estimate. However, there is no way to accurately determine an average case value that applies to fertility clinic medical malpractice lawsuits as a whole.
Many individuals and couples elect to have treatments for assisted reproduction at a fertility clinic. While we take it for granted that our bodies will function as normal, a significant portion of women in the U.S. have a hard time getting pregnant or bringing a baby to full-term. Fertility problems may happen to men as well, due to low sperm count or poor sperm quality.
Thankfully, fertility clinics can offer these people a variety of options, including the removal and preservation of eggs. The preserved eggs are fertilized by sperm in a lab setting, or they are saved until a later time, when the woman or couple is ready to go through with the pregnancy.
Clearly, fertility clinics have a duty of care to the patients they serve, which include the preservation of eggs and sperm samples. They must also ensure the highest standard of care in order to prevent mistakes, such as:
- Lost eggs or sperm samples
- Mixing up sperm or egg samples (using the wrong genetic material)
- Broken of defective medical equipment
- Negligent record keeping
- Failure to follow proper storage protocols
- Insufficient screening of egg / sperm donors
- Administering the wrong medication or improper administration
- Negligence during a surgical procedure that injures the patient
- Damage to the eggs / embryos that results in birth defects to the baby
Those who have suffered the consequences of careless or reckless conduct at a fertility clinic may have the option of filing a civil lawsuit. Our medical malpractice lawyers can help you fight back and hold the clinic accountable for your physical injuries, emotional trauma, and financial losses. Contact our law firm today for more information on filing a claim for negligence at a fertility center.
Our Recent Verdicts and Settlements
$295,000
$250,000
$1.5 Million
$1.1 Million
$734,851
$460,000
How Much can You Receive from a Fertility Clinic Lawsuit?
The average value of a fertility clinic negligence lawsuit can vary significantly, due to a variety of circumstances that are unique to each claimant. Even if your eggs were damaged or destroyed at the clinic, a certain degree of risk or failure must be accepted whenever you choose to undergo fertility treatments.
So, if the something happened to the eggs during your first month of treatments, for example, and the clinic alerted you right away and disclosed what caused the problem, you may not secure a settlement that’s in the 6-figure range. However, if the clinic knew that the embryos were compromised in some way, but they tried to cover up the issue and failed to notify you and other patients, that could lead to payments of $500,000 and above.
Factors that Impact How Much a Fertility Clinic Lawsuit is Worth
The idea that a fertility clinic malpractice lawsuit is worth between $10,000 and $5,000,000 isn’t that helpful on its own. When you hear these numbers, you are likely to have questions about why there is such a huge difference from one case value to another. With that in mind, please consider some of the factors that play a role in the amount you are entitled to from a fertility clinic lawsuit:
- Cost of the procedures and medical treatments that were needed due to the clinic’s negligence
- The amount of time that passed before the patient was notified
- The actions of the clinic, particularly acts of misconduct, like covering up negligence that resulted in destroyed or damaged embryos or intentional destruction of eggs and other genetic material
- The emotional pain and suffering to the patient
Some of the claimants receive an additional sum of money known as punitive damages. This category of compensation is applicable if the case goes to trial. Essentially, the jury would have to determine that conduct by the doctor and others at the clinic constitute gross negligence, i.e., an extreme level of neglect that constitutes reckless disregard for another party’s safety and well-being. If gross negligence was involved, the jury may award you punitive damages as a way to punish the defendant and send a message to other medical facilities.
Class Action Lawsuit against a Fertility Clinic
Negligence by fertility clinic employees can affect multiple patients at the same time. For example, a malfunction with a cryopreservation tank (freezer unit for embryos) can lead to the destruction of up to 1,000 eggs.
These victims can choose to join a class action lawsuit and file a single malpractice claim for monetary damages. The benefit here is that you have numerous victims that were harmed in the same way, and there is an abundance of evidence to support the allegations. In essence, these lawsuits have high success rates, so it’s more than likely that you will receive justice in some form of another.
However, one must consider the fact that any resulting compensation is divided amongst all the class members. This may not be a problem, depending on how much you are seeking. But if your case value is on the higher end (over $1,000,000 for example), a division of the settlement may not be in your best interest. Victims in this situation may want to file a lawsuit on their own rather than joining a medical malpractice class action claim.
We know this is a lot of information to think about, and legal advice is essential to making an informed choice. Please contact our office, where you can speak to a lawyer that specializes in medical malpractice claims against fertility clinics.
Contact Our Law Firm
Legal action may be the right course of action if a fertility clinic failed in their duty of care. The impact of neglect and willful misconduct by medical providers is unacceptable, and those who are affected deserve justice and a way to move forward with their lives.
Our attorneys have been fighting for the rights of medical malpractice victims for many years. Our record of settlements and trial verdicts speak for themselves, but legal skills are not the only things that matter when you are dealing with such a sensitive issue. Compassion, empathy, timely and open communication are just some of the principles we believe in here at Normandie Law Firm.
Another principle that we operate by is the Zero Fee Guarantee. From day one, we take your case on a contingency fee basis, which allows you to pay $0 for the cost of hiring a medical malpractice attorney. Then, we wait until the recovery of your settlement, which includes an amount for attorney’s fees. In other words, our payment is based on winning your case and securing the compensation you deserve.
For more information on your rights and legal options, please take a moment to schedule a free case review.
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