Lawsuit Frequency and Claims Basis Over Lost, Damaged, and Destroyed Frozen Embryos Over a 10-Year Period

Abstract

We reviewed the last decade of US state and federal cases involving discarded, lost, and damaged frozen embryos, and evaluated against data from the 398,256 embryo-thaw procedures reported nationally. Credible lawsuits range from business fraud to product liability, and are seldom for medical malpractice. Our results suggest that best practices in storage of frozen embryos should include not only improvements in hardware and monitoring of storage conditions of specimens but also setting standards for communications among patients, providers, and embryology laboratories regarding disposition of embryos.