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Significant strides in fertility assistance have occurred in the last 40 years, making it possible for many men and women in Massachusetts and across the country to become parents when they could not on their own. Sadly, thousands of patients seeking fertility help were affected by a hospital freezer malfunction earlier this year, resulting in significant personal loss. Some patients have filed lawsuits claiming the malfunction was medical negligence. 

Some patients choose to pursue in vitro fertilization when they cannot conceive a child. It is expensive and often the last opportunity to have a biological child. In the process eggs and embryos are often frozen for future pregnancy attempts. For thousands of patients in another state, many suffered the loss of their eggs and embryos this past March when a hospital freezer malfunctioned, destroying approximately 4,000 eggs and embryos.

Since the devastating loss, as many as 50 lawsuits were filed against the hospital. The lawsuits were recently combined in anticipation of a class action lawsuit, and hearings related to the lawsuit continue to occur. Recently, attorneys for the hospital requested a gag order against the attorneys representing the patients. Hospital attorneys fear that comments by the plaintiffs’ attorneys could prevent an unbiased jury when the claims go to trial.

It is understandably difficult to process the loss of a child or loss of the possibility to have a child. Massachusetts medical malpractice attorneys can provide advice on available options for legal recourse. While any compensation received cannot undo the consequences of medical negligence, it can help cover financial losses and may also prevent similar acts from occurring in the future.