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Siskinds LLP has filed a proposed class action relating to the malfunction of a cryogenic storage tank at a fertility clinic in Etobicoke, Ontario.

The lawsuit alleges that on or about May 22, 2018, there was a malfunction in a cryogenic storage tank manufactured by Chart Industries, Inc. and located at ReproMed – the Toronto Institute for Reproductive Medicine. As a result of the malfunction, the eggs and embryos stored in the storage tank are no longer viable.

The proposed class action names ReproMed Ltd., The Toronto Institute for Reproductive Medicine Inc., Dr. Alfonso Del Valle and Chart Industries, Inc. as defendants.

Watch CTV News’ investigative report.

Are You Part of the ReproMed Class action?

If you had eggs, embryos, or other human reproductive material stored at ReproMed – the Toronto Institute for Reproductive Medicine, or if you believe you were affected by a cryogenic storage tank malfunction at another fertility clinic, we encourage you to contact Siskinds LLP.

Please email repromed@siskinds.com or call us toll-free, at (800) 461-6166 x 2206

Developments

The ReproMed class action is in its early stages.

The next step in the litigation will be the certification motion. At the certification motion, the court will determine whether the ReproMed litigation should properly proceed as a class action.

FAQs

What is a class action?

A class action is a lawsuit that is brought by one or more persons on behalf of a larger group of people whose claims share common legal and/or factual issues. Class actions provide a cost-effective way for groups of people with common interests to pursue a legal claim.

What does “certification” mean?

Certification is the motion where the court determines whether the action can properly be pursued as a class action. The court will consider factors such as whether the claims of the class members raise common legal and/or factual issues and whether a class action is the preferable method of pursuing the claims (as opposed to other methods, such as individual actions).

Do I have to pay anything to participate in the class action?

Class action lawyers are usually paid on a contingency basis. This means that class counsel are only paid if successful. Class counsel are paid a percentage of any settlement or court award. Class counsel fees are subject to court approval.

Who is affected by the ReproMed class action?

You may be affected by this class action if you or your partner’s reproductive material was stored at ReproMed – the Toronto Institute for Reproductive Medicine, in a storage tank that malfunctioned.

What should I do to protect my rights?

To protect your rights, you should keep any:

  • correspondence from ReproMed relating to the storage tank malfunction;
  • records of the fertility services provided by ReproMed and any expenses you incurred in relation to those services; and
  • records of any additional fertility treatments and related expenses that you incurred as a result of the storage tank malfunction.

If you have not done so already, contact Siskinds and tell us how you’ve been impacted by this incident. All personal information provided to Siskinds will be kept private and confidential.

I still have a question. Who should I contact?

If you have a question, please complete the form on this page or call 1-800-461-6166 ext 2286

The ReproMed class action is in its early stages.

The next step in the litigation will be the certification motion. At the certification motion, the court will determine whether the ReproMed litigation should properly proceed as a class action.

What is a class action?

A class action is a lawsuit that is brought by one or more persons on behalf of a larger group of people whose claims share common legal and/or factual issues. Class actions provide a cost-effective way for groups of people with common interests to pursue a legal claim.

What does “certification” mean?

Certification is the motion where the court determines whether the action can properly be pursued as a class action. The court will consider factors such as whether the claims of the class members raise common legal and/or factual issues and whether a class action is the preferable method of pursuing the claims (as opposed to other methods, such as individual actions).

Do I have to pay anything to participate in the class action?

Class action lawyers are usually paid on a contingency basis. This means that class counsel are only paid if successful. Class counsel are paid a percentage of any settlement or court award. Class counsel fees are subject to court approval.

Who is affected by the ReproMed class action?

You may be affected by this class action if you or your partner’s reproductive material was stored at ReproMed – the Toronto Institute for Reproductive Medicine, in a storage tank that malfunctioned.

What should I do to protect my rights?

To protect your rights, you should keep any:

  • correspondence from ReproMed relating to the storage tank malfunction;
  • records of the fertility services provided by ReproMed and any expenses you incurred in relation to those services; and
  • records of any additional fertility treatments and related expenses that you incurred as a result of the storage tank malfunction.

If you have not done so already, contact Siskinds and tell us how you’ve been impacted by this incident. All personal information provided to Siskinds will be kept private and confidential.

I still have a question. Who should I contact?

If you have a question, please complete the form on this page or call 1-800-461-6166 ext 2286

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