ReproMed Fertility CLASS ACTION
The suit alleges that a malfunction in a cryogenic storage tank located at ReproMed – the Toronto Institute for Reproductive Medicine (TIRM) – caused catastrophic vacuum pump failure. As a result, the temperature in the tank rose to a point which likely damaged embryos, sperm and eggs stored within it. The affected embryos, sperm and eggs are no longer viable or destroyed.
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Do you believe that your embryos, sperm or eggs may have been compromised by ReproMed?
ReproMed Fertility
CLASS ACTION
Gluckstein Lawyers has filed a proposed class action relating to the malfunction of a cryogenic storage tank at a fertility clinic in Etobicoke, ON.
ReproMed, its medical director Dr. Alfonso P. Del Valle, other medical professionals at ReproMed, Praxair Canada Inc., distributor of cryogenic tanks, and U.S.-based cryogenic tank manufacturer Chart Industries, Inc. are named as defendants. The suit seeks damages for negligence, breach of contract, and breach of statutory duties.
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Documents
The Ontario Superior Court of Justice has approved the Settlement and Plan of Allocation.
For further information, please refer to the official court documents concerning the ReproMed CLASS ACTION suit below.
Order of Justice Baltman dated February 5, 2020 (Settlement Approval)
Notice of Certification, Settlement Approval Hearing, and Opt-Out Procedure
Settlement Agreement executed December 3, 2019
Order of Justice Baltman dated December 19, 2019 (Notice Approval and Consent Certification)
Order of Justice Baltman dated February 28, 2019 (Production of Information)
Developments
Approval of the Settlement and Plan of Allocation
On February 5, 2020, the proposed Settlement Agreement and Plan of Allocation received final approval from the Ontario Court. Please see the Documents section for further details.
Opt-Out Procedure
If you wish to exclude yourself from the class action, you must opt-out of the class action by no later than March 10, 2020 by sending a signed letter to the address below stating that you wish to opt-out of the action. The letter must include your full name, current address and telephone number, and the reason(s) for opting out.
Claims Process
Following the opt-out deadline, class members will receive a further notice describing how to file for settlement benefits.
Mailing Address:
ReproMed Fertility Class Action
c/o RicePoint Administration Inc.
P.O. Box 4454, Toronto Station A
25 The Esplanade
Toronto, ON M5W 4B1
Courier Address:
ReproMed Fertility Class Action
c/o RicePoint Administration Inc.
100 University Avenue
Toronto, ON M5J 2Y1
Have Your Embryos, Sperm or Eggs
Been Affected by ReproMed’s Negligence?
If you’ve learned that you’ve lost viable embryos, sperm or eggs due to this malfunction at ReproMed, or would like further information about the lawsuit, please contact our lawyer.
Jordan Assaraf at (416) 408-4252 ext 280 or assaraf@gluckstein.com