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Troubling Pattern Seen in “The Largest Embryo Destruction Cases in US History”: Move by Pacific Fertility Center Comes A Few Months After University Hospitals Fertility Center in Cleveland Sought “Gag Order” in Case Involving 4,000 Destroyed Embryos

 SAN FRANCISCO, CA – November 9, 2018 –Pacific Fertility Center in San Francisco, which faces a class action lawsuit after up to 2,000 embryos in its care were compromised, is asking a federal court today to move its customers’ claims to private arbitration. This comes less than four months after University Hospitals (UH) Fertility Center in Cleveland succeeded in getting a court to impose a gag order to shield it from public scrutiny over the destruction of up to 4,000 embryos, according to Peiffer Wolf Carr & Kane, which is representing victims from in both cases.

Attorney Adam Wolf, a partner with Peiffer Wolf Carr & Kane, said: “This is a very troubling pattern: these two fertility clinics, whose conduct resulted in the largest embryo destruction cases in United States history, are seeking to shield themselves from public scrutiny.”

Wolf added: “Hundreds of individuals in the San Francisco debacle have not yet sought out legal counsel. If the Pacific Fertility proceeding shifts to arbitration, Pacific’s victims would be well served to obtain guidance from a firm that has extensive experience in handling embryo destruction cases and arbitration.  We are ready and eager to assist any individuals requiring our assistance.”

In July, University Hospitals in Cleveland succeeded in getting a court to grant a gag order to shut down public discussion of the case.  UH initially underestimated the scale of the embryo losses at 2,000 and then later doubled that to 4,000.  For details on the lawsuit filed by PWCK, go to

The Cleveland embryo disaster came to light at almost the same time as the losses at Pacific Fertility Center in San Francisco.  In March 2018, Pacific Fertility Center acknowledged that it may have destroyed 2,000 embryos and eggs. Pacific Fertility emailed clients a notice informing them that their stored tissue “may have been impacted” when the liquid nitrogen in Pacific’s Tank No. 4 fell below necessary levels. The resulting class action lawsuit charges Pacific Fertility Center, its parent company, Prelude Fertility, and the tank manufacturer, Chart Industries, with liability relating to the cryogenic storage tank failure.  Pacific Fertility Center is now rejecting its customers’ preferred forum for bringing their claims by asking the court to move the matter to private arbitration. For details on the Pacific Fertility lawsuit filed by PWCK, go to

The lawsuit alleges that the misconduct of Pacific Fertility, Prelude Fertility, and Chart Industries caused panic, confusion, anxiety, devastation, and irreparable damage to hundreds of prospective parents and families. The suit further alleges that since the incident, Pacific Fertility has not provided clear and consistent communication to those affected or offered support services. Instead, plaintiffs and class members have received vague and conflicting information from different staff members, leaving victims confused and even more anxious, during an already emotionally difficult time.  At the same time, Pacific Fertility, Prelude Fertility, and Chart Industries have refused to provide information to the public about the cause of the tank failure and the scope of the disaster.

The lawsuit seeks compensatory damages, equitable relief, and other remedies as a result of the misconduct of Pacific Fertility, Prelude Fertility, and Chart Industries.



Peiffer Wolf Carr & Kane is a national law firm with offices in San Francisco, Cleveland, New York, Los Angeles, Missouri, and New Orleans. PW is nationally recognized for its handling of a number of cases involving embryo loss and destruction issues. The firm has put together a sophisticated team of lawyers dedicated to representing families and victims of reckless and negligent fertility clinics, fertility medical centers, and fertility doctors.  Its attorneys are committed to fighting on behalf of victims and their families.


MEDIA CONTACT: Alex Frank, (703) 276-3264 or [email protected]