CLEVELAND — CLEVELAND -- A Cuyahoga County judge has agreed to a request by University Hospitals to consolidate lawsuits filed over the failures at the hospital’s fertility clinic.
The ruling Monday by Common Pleas Judge John Russo marks a victory for some patients and a victory for UH as it tries to defend itself against potentially hundreds of lawsuits in the wake of its fertility clinic’s failure to preserve several thousand eggs and embryo.
Russo wrote that consolidation “allows for the most efficient and fair administration of the litigations under these unique circumstances in balancing both considerations of judicial economy with concerns of justice for the parties.”
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The judge said consolidating the cases means those affected provides them “consistent adjudication” before one court “while also independently maintaining the equitable protection of their rights…”
Some attorneys favored the ruling, saying it allows for a class action case. Other attorneys wanted to avoid class action status.
"It's a smart move and demonstrate's UH's risk. They have real risk. This group of injured patients will now speak with one voice," attorney Robert DiCello said Monday. His firm represents several patients affected by the debacle that came to light in early March.
UH discovered temperature drops at a fertility freezer that caused 4,000 frozen eggs and embryo to be destroyed. About 950 patients were affected, and the hospital system is facing at least 40 lawsuits related to the incident.
UH Consolidation order by WKYC.com on Scribd
