After $15 million judgment, cryogenic tank maker faces more suits over loss of eggs and embryos

A nearly $15 million jury award to five fertility center patients who lost eggs and embryos when a cryogenic tank failed could lead to hundreds of millions of dollars in damages to others in identical lawsuits.

A federal jury in San Francisco found that Chart Industries, the tank manufacturer, was mostly responsible for the accident for ignoring defects in the equipment that it knew about and neglected to address.

"If you extrapolate the numbers out, it was not a good day for Chart," said plaintiffs' attorney Amy M. Zeman, a partner at Gibbs Law Group.

There are 135 additional cases awaiting trial. The next one is scheduled to start on Nov. 8.

Asked if the firms representing plaintiffs in those lawsuits would consider settling given the size of the verdict, Zeman responded Friday, "I don't know we would."

The jury concluded Thursday that Chart was 90% liable for the destruction in March 2018 of 3,500 frozen eggs and embryos at Pacific Fertility Center in San Francisco, which was found partially responsible.

"We agree with the jury's determination that Chart's cryostorage tank was defective, and Chart's responsibility for this incident is strongly supported by the facts and the law," Pacific Fertility Center said in a statement. "Our hearts continue to go out to the affected families, many of whom continue to work with PFC on their family building goals."

Attorneys representing Char did not respond to requests for comment. In re: Pacific Fertility Center Litigation, 18-cv-01586 (N.D. Cal., filed March 13, 2018).

Laura and Kevin Parsell, a couple with two children who planned to have more with four stored embryos that are no longer viable, were awarded $7.2 million. Chloe Poynton, 39, who has no children and lost nine eggs, was awarded $3.1 million. Rosalynn Enfield, 43, who lost 18 eggs, was awarded $2.6 million. Adrienne Sletten, 43, has no children and lost two eggs. She awarded just over $2 million.

Plaintiffs' attorney Dena Sharp, a partner at Girard Sharp, asked the jury to award $30 million in her closing remarks.

Two unrelated defects with the tank led to the accident, according to evidence a the trial. A controller that detects changes in temperature and sounds alarms if it is not sufficient failed. A crack in the tank then caused the loss of a substantial amount of liquid nitrogen, resulting in an increase in temperature that destroyed the viability of the eggs and embryos.

"Chart knew about both problems," Sharp said. "It knew years before it sold the tanks."

During the trial before U.S. Magistrate Judge Jacqueline Scott Corley, Chart blamed Pacific Fertility Center for the accident. It accused lab employees of negligence for continuing to use the tank despite knowing that the controller was not working and for failing to properly monitor it.

Claims against Pacific Fertility Center are in arbitration. It was acquired in 2017 by Prelude Fertility.