Holding Fertility Clinics Accountable for Life-Altering Mistakes
For many individuals and couples, fertility treatment represents hope—the promise of building a family when traditional methods aren’t possible. But when fertility clinics or IVF specialists act negligently, the consequences can be devastating. From embryo mishandling to implantation errors, reproductive negligence can cause lifelong emotional trauma, financial loss, and a deep sense of betrayal. At Dermer Law Firm, we represent victims of fertility and reproductive negligence, helping them seek justice and meaningful
compensation.
With our “Clients. Not Cases.” approach, we provide confidential, compassionate counsel while aggressively pursuing accountability. If your fertility journey was derailed by a clinic’s mistake, we’re here to listen, provide support, and help you take back control.
A Personal Journey
At Dermer Law, we understand firsthand that the path to parenthood isn’t always straightforward, and that by the time you reach a fertility clinic, you’ve likely walked through heartbreak, uncertainty, grief, and carry with you an incredible strength. Whether it’s a debilitating illness, a genetic condition, or something science has yet to fully explain, every person deserves the chance to become a parent and many turn to fertility clinics to help make that dream a reality.
Jay and Kari Dermer found both heartbreak and hope in their journey to grow their family. During Kari’s first pregnancy, she became severely debilitated by a rare pregnancy condition known as Hyperemesis Gravidarum (HG) – an illness with an over 85% recurrence rate that brings profound physical and emotional suffering. Through resilience and unwavering determination, Jay and Kari welcomed their first healthy child in 2020. Their path to expand their family brought new challenges. After facing secondary trauma through IVF treatments, they ultimately welcomed their second child in 2024 through the gift of surrogacy. Having lived through the complexities of reproductive medicine, the Dermers understand that even a “successful” IVF journey carries emotional scars and can be traumatic. At Dermer Law, we know that when fertility treatment is done right, with empathy, precision, integrity, and respect, it can restore hope and help families grow.
When clinics fall short of that standard, the consequences are far too great to ignore. We advocate for individuals and families harmed by fertility negligence. Our goal is not only to pursue justice but also to push for the transparency and accountability this industry urgently needs. We are here to protect what matters most and help ensure that others have the safe and successful experience every family deserves.
Common Types of Fertility and Reproductive Negligence
The rapidly growing fertility industry remains largely unregulated, and mistakes are more common than most patients realize. Common examples of fertility malpractice include:
Embryo Mislabeling
Transferring the wrong embryo or failing to properly label and store reproductive material can lead to devastating mix-ups.
Implantation Errors
Embryos may be implanted into the wrong patient, or into someone who was not the intended parent.
Sperm and Egg Mix-Ups
Clinics may use the wrong donor material, resulting in children with unintended biological parents.
Loss of Genetic Material
Improper freezing, thawing, or storage may destroy embryos, eggs, or sperm, ending the possibility of biological parenthood.
Failure to Screen Donors
Using donors with undisclosed genetic disorders or infectious diseases may place the child and intended parents at risk.
Lack of Informed Consent
Proceeding with procedures without properly informing patients of risks, alternatives, or mistakes can violate their autonomy and legal rights.
Steps to Take After Discovering Fertility or IVF Negligence
Discovering that something went wrong during fertility treatment can be emotionally overwhelming. If you suspect a mistake occurred, these steps can help protect your rights:
Request Your Medical Records
Obtain full documentation from your fertility clinic, including lab reports, consent forms, and correspondence.
Document Everything
Record your timeline, symptoms, communications, and how the error came to light.
Preserve Communications
Save emails, texts, and voicemails between you and the clinic or staff members.
Avoid Signing Any Waivers
Do not sign settlement offers, disclaimers, or confidentiality agreements without legal advice.
Seek Support
Speak with a therapist or support group experienced in fertility trauma to begin processing your emotional experience.
Contact Dermer Law
These cases are complex, deeply personal, and time-sensitive, demanding both expertise and empathy. Our team will help you navigate the process while protecting your rights.
Proving Liability in a Fertility Negligence Case
Establishing that a fertility provider acted negligently requires a thorough investigation and expert analysis. At Dermer Law, we work closely with medical and legal experts to build a strong case. Key evidence may include:
Medical and Lab Records
Review of treatment logs, embryo tracking systems, and laboratory protocols to uncover breakdowns in care.
Expert Testimony
Fertility specialists can testify to standard procedures and how your case deviated from accepted practices.
Chain of Custody Review
Establishing how and where genetic material was mislabeled, mishandled, or misplaced.
Clinic Staffing and Training Records
Overworked or underqualified embryologists and lab technicians often contribute to these life-altering errors.
Informed Consent Documents
We examine whether patients were properly advised of risks, alternatives, and clinic procedures.
Compensation for Victims of Reproductive Negligence
The harm caused by fertility negligence is often emotional, financial, and deeply personal. Our firm pursues full and fair compensation for:
Emotional Distress
Compensation for trauma, anxiety, and long-term psychological pain caused by the mistake.
Medical Expenses
Costs of failed cycles, additional procedures, or corrective care after the error.
Loss of Reproductive Opportunity
Damages for the lost chance to have biological children due to negligence.
Wrongful Birth or Custody Issues
Damages stemming from unintended parenthood, custody battles, or loss of genetic connection.
Financial Loss
Recovery of payments made to the clinic and future expenses associated with further treatment or legal guardianship.
Want to talk to Jay?
He is ready to hear your story.
We offer free consultations, if you've experienced Fertility or Reproductive Negligence, we are here and ready to listen.
