Fertility Clinics

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

Related News

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
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