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


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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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

Have questions about the CLASS ACTION process?

Refer to our FAQ below.


CLASS ACTION lawsuits are common where a large group of people are injured by the same party in the same way. The interests of the group are represented by one individual known as the “class representative”. The class is treated as a group that was injured, rather than a group of individuals that were injured.

What do I have to do to join a CLASS ACTION?

There is nothing you have to do directly to join the CLASS ACTION. The CLASS ACTION is defined by a court order, and if you fall within the definition which is set by the court, you are automatically included, unless you decide you do not wish to participate in the suit. There may be a need for you to provide certain information if the CLASS ACTION is resolved, so that you can receive your portion of the settlement.

Do I need to pay any fees to join a CLASS ACTION?

Generally, there are no costs to our clients throughout the course of litigation. Our firm carries the cost of litigation and any disbursements. When your matter resolves either through settlement or at trial, our firm takes a portion of the settlement for fees and disbursements. Our lawyers will explain the retainer and fee arrangements clearly at the initial consultation.

How can I protect myself and my rights during the CLASS ACTION process?

During this process, it is within your best interest to keep any information or correspondence with ReproMed recorded and on file for the suit. We also advise that you keep records documenting any additional cost incurred due to the malfunction at ReproMed, including or but not limited to: additional fertility treatments, counselling in light of the malfunction, etc. We also suggest that from this point forward, you refrain from having any further correspondence with ReproMed without direct consultation from your legal representative.

Do I have a choice in whether I participate in the CLASS ACTION?

If you fall within the definition of the court for those affected by the negligence at ReproMed, you are automatically included in the CLASS ACTION. However, you are fully within your right to opt out of the CLASS ACTION, if you so choose. There will be a limited window of time for you to opt out, which will be indicated in the certification order which is sent out after the proceeding is certified. However, be aware that once you have opted out, you are no longer entitled to any settlement which may be given if the case is resolved.

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