Aggregated News
An Ontario couple has filed notice of legal action against a Toronto fertility clinic after an alleged storage tank malfunction damaged their eggs and embryos.
In documents filed in Ontario Superior Court last week, the Mississauga, Ont., husband and wife, identified only by their initials, are seeking damages for negligence, breach of contract and breach of fiduciary duty. The notice of action seeks to commence a class-action lawsuit on behalf of the couple and any other affected individuals.
According to the court document, the couple was informed in late May that one of the cryogenic tanks owned by the ReproMed fertility clinic had malfunctioned. As a result of the malfunction, the couple’s nine embryos and 15 eggs were deemed “likely not viable,” the document claims.
A scientist works during an IVF process on Aug. 11, 2008. (AP / Ben Birchall)
The notice of action names The Toronto Institute for Reproductive Medicine Inc., ReproMed Ltd., its medical director, Dr. Alfonso Del Valle, and U.S.-based Chart Industries Inc., as the defendants.
Chart Industries Inc. makes cryogenic equipment and the plaintiffs believe that...