Fertility Clinic and Sperm Bank Litigation

Hersh & Hersh has developed an expertise in fertility clinic cases and has litigated such issues as the fertilization of embryos with the wrong donor’s sperm and destruction of embryos without consent. Attorney Nancy Hersh has litigated these cases for longer than any other lawyer practicing law today, dating back to the Buchweitz case involving a million dollar settlement for embryos provided to the wrong families.

At Hersh & Hersh, we understand the distress and disappointment that comes with fertility clinic mistakes. Our attorneys are skilled in handling sensitive cases, providing the legal guidance and representation you need during such a challenging time. We are committed to holding negligent fertility clinics accountable, helping you seek justice and compensation.

If you or a loved one has been injured due to the actions of a fertility clinic, please contact us.

How We Can Help

Our attorneys can assist with a variety of fertility clinic litigation, including:

  • Embryo mix-ups
  • Improper storage and handling of eggs, sperm, or embryos
  • Failure to obtain informed consent
  • Failure to perform adequate genetic testing
  • Medical malpractice leading to injury or loss

If you or a loved one has been affected by negligence or malpractice in a fertility clinic, Hersh & Hersh is here to help. We will work diligently to protect your rights, helping you navigate the complexities of fertility clinic litigation.

Contact Us

We invite you to contact us at (415) 441-5544 for a confidential consultation. Let Hersh & Hersh provide the support and legal representation you need in this difficult time.

September 2009

San Francisco Fertility Clinic Destroys Embryos, Causes Heartbreak

Hersh & Hersh has filed a civil action in San Francisco County on behalf of Katherine Aschero (Katie) and Rob Aschero. The case involves the destruction of viable embryos without the Ascheros’ consent by a San Francisco fertility clinic. The embryo destruction is shocking in several respects and demonstrates the need for regulation of these clinics. >>Read More

Fertility Doctor in Landmark Embryo Mix-up Case Loses His Medical License

March 28, 2005

The Medical Board of California issued a Decision revoking the medical license of the fertility doctor, Steven Lawrence Katz, M.D., effective April 27, 2005. In August of 2004, Hersh & Hersh had settled its suit against Fertility Medical Associates of the Bay Area, a fertility clinic that implanted an embryo belonging to another couple during Jane Doe’s in vitro fertilization procedure in June 2000. The suit alleged that Dr. Katz and the clinic scientist knew before Jane Doe left their offices on the day of the implantation that they had implanted the wrong embryo in her. But the clinic did not inform Ms. Doe and the couple of the mix-up until a year and a half later, and then only after the California Medical Board began investigating the switch.

Administrative Law Judge Jonathan Lew, in his 23-page opinion, found that Dr. Katz “engaged in a prolonged course of dishonest and corrupt behavior.” Dr. Katz has the opportunity to appeal the Medical Board’s decision to the superior court. If the revocation is upheld, Dr. Katz will not be able to apply for another medical license for another three years.

Hersh & Hersh Settles Landmark Embryo Mix-up Case, One Million Dollar Settlement Against San Francisco Fertility Clinic

August 4, 2004

Hersh & Hersh settled its suit against Fertility Medical Associates of the Bay Area, a fertility clinic that implanted an embryo belonging to another couple during Jane Doe’s in vitro fertilization procedure in June 2000.

The suit alleged that the clinic scientist and the doctor knew before Jane Doe left their offices on the day of the implantation that they had implanted the wrong embryo in her. But the clinic did not inform Ms. Doe and the couple of the mix-up until a year and a half later, and then only after the California Medical Board began investigating the switch.

According to Nancy Hersh, “they were keeping the information secret and never intended to tell. The only reason they did is because the medical board was nosing around. That’s very bad. Aren’t they morally and ethically obligated to tell?”

Selected Newspaper Articles:

  • “Woman Settles Embryo Mix-Up Suit .” Associated Press, 8/4/04
  • “Embryo mix-up at S.F. clinic prompts lawsuits.” Contra Costa Times, 8/4/02
  • “Suit filed over mix-up of embryos at S.F. clinic.” San Jose Mercury News, 8/2/02

Selected Television and Radio Coverage:

  • CBS Early Show, National, 8/23/02
  • KCTV5 News at 4:30 & 6, KCTV-TV CH 5 (CBS) Kansas City, 8/23/02
  • CBS 4 News at 5:00, WFOR-TV CH 4 (CBS) Miami/Ft. Lauderdale, 8/23/02
  • CNN Live Today, National, 8/08/02
  • Connie Chung Tonight, CNN National, 8/07/02
  • Barbara Simpson Show, KGO-AM 810 Radio San Francisco, 8/03/02
  • Channel 5 Eyewitness News, KPIX-TV 5 (CBS) San Francisco, 8/2/02
  • NBC2 News at 5, KNTV-TV CH 11 (NBC) San Jose, 8/2/02

Address

San Francisco Office
1388 Sutter St #1210

San Francisco, CA 94109

Client Reviews

“Dear Nancy, Thank you from the bottom of my heart for the support you have given to me and my husband since his life-changing injury. What a lifeline to find you during the worst crisis of our lives and then...

Cathy and Jim

“I just left you a message with your exchange to say “HAPPY VALENTINES!” I want to thank you again for being the right person to make the Best possible outcome, a reality. Thank You! The children’s lives will...

Randy

“I want to thank you for all your effort in pursuing this case. Although the money will not cure the horrible disease my mother encountered from the taking the zyprexa drug. It can help with some of her...

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