OC couples file lawsuit against IVF clinic after embryos allegedly destroyed by lab error

NEWPORT BEACH Calif. (KABC) -- Two Orange County couples are suing a local fertility clinic for an alleged lab error that ended up destroying their embryos.

The court documents claim that in January 2024, a lab employee at Ovation Fertility clinic in Newport Beach wrongly used hydrogen peroxide instead of a sterile solution in an incubator containing the embryos.

Ovation Fertility is a network of IVF labs with multiple locations nationwide.

The attorney representing the couples said the levels and concentration of hydrogen peroxide were unsafe.

"That hydrogen peroxide killed all of the embryos that were placed in the incubator during that period of time. These dead embryos were then transferred to Ovation's customers," attorney Adam Wolf said.

The lawsuit alleges that the facility committed medical battery, intentional misrepresentation and fraudulent concealment.

"Obviously, none of them became pregnant. This is not about lost time, money or physical pain. Ovation robbed them of the chance to have biologically related children," Wolf said.

The law firm said they plan to file more lawsuits for other clients.