Nine couples in a joint lawsuit have accused Ovation Fertility in Newport Beach of destroying their embryos by exposing them to a lethal amount of poison.
At a time when they were hoping to grow their families, they’re demanding to know what happened and blaming Ovation Fertility for a devastating cover-up.
“This could have very well been our last chance to have children,” said Ovation Fertility patient Brooke Berger.
Berger and her partner Bennett Hardy, one of the nine couples in the lawsuit, shared their painful experience during a press conference Tuesday.
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“When it didn't work, we had lots of self-doubt. We kind of wondered, 'Was there something wrong with me?' even though our doctors said that they don't think there's anything wrong with me,” said Berger.
In the lawsuit, the couples accuse Ovation Fertility of wrongly using hydrogen peroxide instead of distilled water in an incubator that killed their embryos. They also allege the lab knowingly had these dead embryos implanted in the women, who underwent implantations of these nonviable embryos between Jan.18 and 30, 2024.
The physicians realized there was a problem when there was a 0% success rate compared to their typical 75% success rate. The doctors and couples then started to question Ovation Fertility and accused the clinic of trying to cover up their mistake, according to the lawsuit.
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NBC Los Angeles reached out to Ovation Fertility for comment on this lawsuit. While we have not heard back, the clinic did release a statement to People Magazine that reads in part:
“Ovation Fertility has protocols in place to protect the health and integrity of every embryo under our care. This was an isolated incident related to an unintended laboratory technician error that impacted a very small number of patients. As soon as we recognized that pregnancy numbers were lower than our usually high success rates, we immediately initiated an investigation. We have been in close contact with these few impacted patients since the issue was discovered.”
For some couples, this was their last chance to have biological children. They say they hope this lawsuit would shine a light on Ovation Fertility and ultimately results in accountability.
“This is people’s lives. This is people's families that they're toying with here. And I can't believe that they would treat this so cavalierly,” said Berger.
The couples say Ovation Fertility sent them unsolicited letters offering money and asking that they sign an agreement not to disparage the company.
Their attorneys believe there are more people out there who may have also had their embryos destroyed by Ovation Fertility, which is a national organization. They expect more couples to come forward with similar stories.
