Facts

The series of 12 cases arises from treatment received by individuals or couples at UCI Center for Reproductive Health, Garden Grove Medical Center or Saddleback Memorial Medical Center between 1987 and 1994.

In 1986, UCI College of Medicine and American Medical International recruited Dr. Ricardo Asch and Dr. Jose Balmaceda to California from the University of Texas, San Antonio Medical Center. They were recruited to run the UCI Center for Reproductive Health (UCI/CRH). Doctors Asch and Balmaceda ran the UCI/CRH from that time until it was closed by Chancellor Laurel Wilkening in June 1995. During this time, the evidence is reasonably clear that Doctors Asch and Balmaceda engaged in numerous unconsented to egg transfers and misappropriation of biologic material. Many of these unconsented transfers were documented by the laboratory director, after the fact.

Once Chancellor Wilkening closed the UCI/CRH, litigation ensued. By 1999, the Regents resolved approximately 125 cases for the sum of approximately $20 million. An additional 38 cases were resolved for a waiver of costs or nominal settlement payments.

In 2003, 18 additional cases were filed, including the 12 that resolved herein. Several of these cases involved the documented misappropriation of eggs, some resulting in live births. Other cases involved eggs, which were unaccounted for.

The Regents took the position that all the later-filed cases were barred by the statute of limitations based on the tremendous amount of publicly surrounding the scandal in the mid 1990s. The Regents demurred on statute of limitations grounds, which was sustained without leave by Judge Stephen Sunvold. That ruling was appealed, and was eventually reversed by the Fourth District Court of Appeal.

Result

The cases resolved following a series of five mediations with Jay Horton at Judicate West. Settlements of the 12 cases ranged between $45,000 in the low-end and $675,000 at the high-end, for a total of $4,230,000.