Lawsuit Against Ovation Fertility Alleges Incubator Contamination

 Couple Says Negligence Destroyed Embryo

 SAN FRANCISCO – A married couple filed a lawsuit today in the Superior Court of California, County of Los Angeles against Ovation Fertility. The lawsuit alleges that Ovation, which provides in vitro fertilization (IVF) lab services and storage, stored customer embryos in an incubator contaminated with hydrogen peroxide, which damaged and destroyed the embryos. The couple contends that their sole male embryo was among those that was no longer viable due to the contamination. The lawsuit was filed by the law firm Girard Sharp LLP.

An investigation was prompted by reports from fertility doctors who partner with Ovation’s IVF lab in Newport Beach after customers experienced a 100% transfer failure rate during a two-week period in late January and early February 2024. Further investigation uncovered the problem with the incubator that led to the terminal contamination of customer embryos at the Ovation lab. The couple filing the lawsuit was notified in February 2024 that their embryo was among those stored in the contaminated incubator.

“This couple had success with IVF before, resulting in the birth of twin daughters, and this was most likely their last chance to add a son to their family,” said Girard Sharp attorney Adam Polk. “It was the company’s responsibility to take adequate steps to prevent a catastrophe impacting its customers’ reproductive material, and because it failed to do so, our clients have suffered a catastrophic loss, and are now left to sort through the consequences.”

Ovation Fertility has not publicly stated if the necessary testing and quality control were in place to keep its incubators free of contaminants. However, proper procedures could have prevented this tragedy. Gross negligence and breach of contract are among several causes of action listed in the lawsuit. The suit alleges that Ovation’s staff mishandled equipment and that Ovation failed to properly train and supervise its staff. The plaintiffs are seeking damages in an amount to be determined at trial.

The case is L.N. and T.N. v. FPG Services, LLC d/b/a Ovation Fertility; FPG LABS LLC d/b/a Ovation Fertility; and Newport Beach IVF LLC d/b/a Ovation Fertility Newport Beach, and DOEs 1-10, in the Orange County Superior Court of the state of California. You can find a copy of the lawsuit here.

About Girard Sharp
Girard Sharp is distinguished as a Tier 1 law firm for plaintiffs’ mass tort and class action litigation by Best Lawyers and has appeared on its list of “Best Law Firms” for more than a decade. Girard Sharp also has been named by the National Law Journal to its “Plaintiffs’ Hot List,” a selection of top U.S. plaintiffs’ firms recognized for wins in high-profile cases. Read about some of our results. We have substantial experience in lawsuits concerning sensitive issues and in guiding affected individuals through the litigation process with discretion. From holding pharmaceutical companies accountable for marketing birth-control pills that caused life-threatening blood clots, to obtaining over $14 million in restitution on behalf of fertility patients whose frozen eggs and embryos were compromised, we have a well-established track record of successfully taking on some of the world’s largest corporations and institutions.

Media Contact:
Jason Cunningham


Are you ready to get started?