A 38-year-old woman is seeking $7 million in damages in a lawsuit against a Beverly Hills fertility clinic and its chief director for allegedly destroying all of her seven embryos by accident, the woman and her attorney announced on Thursday.
Marisa Yukich of Sherman Oaks filed the lawsuit in Los Angeles Superior Court against ART Reproductive Center Inc. and Dr. David L. Hill on Thursday alleging a breach of contract, negligence and negligent infliction of emotional distress.
"No amount of money will make this fully right," said Yukich at a Thursday morning press conference. "My embryos cannot be replaced. This is nothing less than the loss of my future children."
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Yukich claims she had her eggs extracted and fertilized through IVF in 2013 to preserve her chances of becoming a mother. She then decided to have them frozen until a future time when she could carry a pregnancy to term.
On October 13, 2014, ART invoiced Yuckick $500 for storing her pre-embryos between October 2014 and October 2015. However last September, Yukich says she received a phone call from Hill telling her that the seven of her viable pre-embryos had been destroyed, the suit states.
"What we are talking about here is the lost promise of motherhood and a life without children. ART Reproductive Center took this away from Marisa," said attorney Adam Wolf at the press conference.
The suit claims the Beverly Hills fertility clinic inexplicably destroyed her pre-embryos and then offered the woman $600 for her loss.
The ART Reproductive Center and Hill declined NBC4's request for comment.
This could be the first case of its kind to go to trial in the State of California, according to Wolf.