A New Jersey fertility clinic must defend gross negligence and breach of contract claims brought by a couple whose frozen embryo was lost, but avoided several other claims, a federal trial court ruled.
The allegations in the complaint brought by Kara and Paul Melone are sufficient for a jury to find that Morgan Fertility and Reproductive Medicine was negligent or grossly negligent, Judge Michael A. Shipp of the US District Court for the District of New Jersey said in an unpublished opinion.
The court rejected the clinic’s argument that “the same common core of facts cannot support both a gross ...
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