CLEVELAND — Cleveland area law firms representing victims of the University Hospitals Fertility Clinic failure announced on Thursday they had filed 6 new lawsuits in Federal and Geauga County court against both UH and CAS Data Loggers. Data Loggers is the company responsible for monitoring the alarm systems on the tanks that stored 4,000 eggs and embryos.
During a news conference, Emily Petite, who is suing the hospital along with her husband Matt said, "UH has shown us time and time again that the worst is yet to come."
The Petite's lost 4 embryos from the breakdown. Joe and Kim Bucar, who have also sued, lost 10.
Kim says, "It continues to bring up emotions over and over and over again. It doesn't allow us to heal."
The hospital admitted that Clinic staff never received an alert to the tank's rising temperature, which should have been flagged by CAS Data Loggers.
Adam Wolff, from Peiffer Wolf Carr & Kane who, along with DiCello Levitt is representing the families says, "What we know is that the alarm had been turned off and University Hospitals hadn't even tested that alarm in a period of approximately one year before this happened."
Despite initially taking responsibility and pledging to do right by the families affected, the hospital quickly did an about face.
Seventy lawsuits were initially filed, and according to attorneys, UH used legal maneuvers to avoid being held responsible. Those included requesting that the judge lump all the cases together, trying to dismiss the suits and requesting a gag order for the attorneys.
Attorney Chris Patno, whose firm McCarthy, Lebit, Crystal & Liffman also represents families affected by the failure says, "We've been met with nothing but roadblocks and stonewalls."
Most recently the Hospital filed a motion to keep contested documents from the public...even filing it privately so it would not appear on the court docket.
Attorney Joe Peiffer said, "We'd prefer a very transparent process where whatever comes to light comes to light. Unfortunately that's just not where we are."
And attorney Bobby DiCello suggested that more families come forward, urging them not to "blow it".
"Everyone who has lost embryos and who has not decided to take legal action should keep in mind that waiting doesn't work," he said.
University Hospitals issued the following statement:
“Since the March 4 Fertility Center event, University Hospitals and its leaders have apologized and continue to put our patients first by offering free fertility care to impacted patients who would like to continue their path to growing their families. We have also made significant enhancements at the Fertility Center and we embrace and reinforce a culture that encourages our physicians, nurses, and staff to speak up when they see ways to further increase the quality of care we provide to patients.
“UH has worked with Fertility Center patients and their lawyers over the past year to negotiate a significant number of settlements and will continue offering resolution alternatives to our patients who want to avoid the time, expense, and anxiety of litigation. Out of respect for all of the families impacted by the event, and respect for the Court in Cuyahoga County, where these same issues are being heard, UH will not provide any further comment at this time.”
But Emily Petite, who was storing eggs so she could have a sibling for her son says, "Mr. Zenty (CEO of UH) once said we failed our patients. No, Mr. Zenty, you've continued to fail us time and time again."
The Attorney for CAS Data Loggers did not return our call for comment.