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Fertility Fraud Lawsuits


Class Action Attorneys Representing Consumer Fraud Victims Nationwide
Nationwide Success

Do I Need a Fertility Fraud Lawyer?

The Lyon Firm is reviewing fertility fraud cases on behalf of couples and victims nationwide. Reports have surfaced of widespread fraud in the artificial reproductive technologies (ART) industry, with few legal protections consumers and a lack of fertility fraud legislation in many states. Contact our legal team to learn more about current fertility fraud laws and to discuss your individual case.

For thousand of couples, the best option for childbirth is through assisted reproductive technologies (ART). Modern medicine has been described as miraculous for many women who would not naturally be able to conceive a child. As a result, the IVF industry has grown into a massive, billion-dollar race to capture consumer demand. But the process has also been marred by unsafe practices, negligent behavior and fraud. 

The incentives for doctors to promise success are obvious: to drum up more and more business. But there is too much at stake in these cases to deceive patients, as some physicians have in the past. 

Thus, our fertility fraud lawyers are reviewing hundreds of cases that involve embryo loss, lab contamination, mixed up patient materials, and deceptive marketing. 

What is Fertility Fraud?

Fertility fraud can take the form of various abuses and misuses of genetic material and assisted reproductive technology (ART). Because there have been little legal recourse for many fertility fraud victims for IVF Malpractice and other negligent practices, many unethical physicians and specialists have taken advantage of consumers.

Couples who seek artificial reproductive technologies (ART) have generally attempted to conceive without success, and turn to a clinic as the last resort. Recent investigations into nationwide fertility fraud have found that most states actually have no laws against such consumer abuses. Doctors who engage in illegal or irregular fertility practices have rarely faced serious consequences, continue practicing, and may feel like like they have immunity in the eyes of the law.

Because the problem has been so widespread, however, lawmakers have finally passed bills that protect consumers, IVF patients and fertility fraud victims in many states. Examples of fertility clinic fraud can include the following:

  • False advertising: clinics often inflate success rates 
  • Misrepresentation of the source of reproductive material used in insemination
  • Misrepresentation of how reproductive material will be used
  • Concealing the risks, benefits and costs associated with IVF or other procedures
  • Theft or misuse of donor eggs and embryos
  • Contaminated materials
  • Misrepresented test results
  • Donor was not properly screened or the profile information is inaccurate
  • Pressuring clients to continue the process even after complications arise
  • Physicians concealing an infection or injury
  • Prescribing unnecessary medications
  • Offering unproven and costly add-on treatments
  • False pregnancy reports
  • Sperm improperly screened for potential genetic diseases

The most high-profile fraud claims have involved doctors who actually used their own sperm to inseminate a patient. These cases are quite rare, but they have occurred in more than one instance. 

A black woman in red-framed reading glasses stands by a bright window and frowns at a bill containing fraudulent charges.

CONTACT THE LYON FIRM TODAY

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ABOUT THE LYON FIRM

Joseph Lyon has 17 years of experience representing individuals in complex litigation matters. He has represented individuals in every state against many of the largest companies in the world.

The Firm focuses on single-event civil cases and class actions involving corporate neglect & fraud, toxic exposure, product defects & recalls, medical malpractice, and invasion of privacy.

NO COST UNLESS WE WIN

The Firm offers contingency fees, advancing all costs of the litigation, and accepting the full financial risk, allowing our clients full access to the legal system while reducing the financial stress while they focus on their healthcare and financial needs.

What is a Fertility Fraud Lawsuit Worth?

Following any illegal or unethical act at a clinic, fertility fraud victims should contact a consumer protection and personal privacy lawyer who can advise you of your legal options. You may have a number of viable claims, including medical malpractice, consumer fraud and breach of contract. 

Fertility fraud cases are all unique, and you should collect all documentation and medical records. We can review your claim and begin to build the strongest case possible. You may seek compensation for the following:

  • Damages related to pain and suffering
  • Damages related to emotional distress
  • A full refund for any fraudulent treatments
  • Compensation for the time spent in treatment, and all lost wages
  • Costs for future treatments
  • Punitive damages may be awarded to prohibit any negligent doctor from repeating the same harmful practices

If you feel you are a fertility fraud victims, contact The Lyon Firm for a free consultation by calling (513) 381-2333. Our lawyers work with industry experts to investigate the situation. We offer free consultations and we work on a contingency fee basis. 

photo of consumer fraud attorney Joe Lyon

Why File A Consumer Fraud Lawsuit?

We believe that consumers have a multitude of rights and protections, and those rights must be guarded and enforced. We work to hold any negligent company accountable for fraud, and to protect all consumers in the future. 

Our lawyers have over two decades of experience and we have represented individuals nationwide in consumer protection class action claims.

Fertility Fraud FAQs

Are There Fertility Fraud Laws?

The only federal law that exists is the Fertility Clinic Success Rate and Certification Act of 1992. The statute instructs states to create certification programs that establish standards for fertility clinics, mandate reporting and screen human donors and tissues for infectious diseases.

The following state legislatures have introduced laws against fertility fraud:

  • Illinois
  • Iowa
  • Michigan
  • Nevada
  • New York
  • Ohio
  • Oregon
  • Pennsylvania
  • Washington

Proposed fertility fraud legislation includes a criminal penalty as well as a civil cause of action with standing for the patient, the patient’s spouse, and the offspring, and a minimum five-year statute limitations from the time the fraud is discovered.

In Arkansas, it is a felony to misrepresent the identity of a donor or the quality of reproductive material used in fertility treatment, and for a health care provider to knowingly use unauthorized reproductive material.

In California, it is a crime to use reproductive material in any manner other than consented by the donor, or to implant reproductive material without the written consent of the recipient.

What Are Some Notable Fertility fraud cases?

With the easy availability of commercial DNA testing, the number of fertility fraud cases has risen. Patients have used companies like 23andMe and AncestryDNA, and a number of doctor-donor insemination cases have emerged.

An embryo mix-up at an IVF clinic in Los Angeles led to two couples becoming pregnant with the other’s baby.

A jury awarded a plaintiffs $5.25 million after a Vermont doctor used his own sperm to inseminate a client. The couple alleged breach of contract, medical malpractice, negligence, infliction of emotional distress, among other infractions, and were also awarded punitive and compensatory damages.

Why hire The Lyon Firm?

Joe Lyon takes pride in representing plaintiffs, and holding large corporate entities accountable for the damages they have caused. We have proven success, and have settled cases for six and seven figures for our clients. We have the experience, the resources and the willingness to get you rightful compensation and justice.