Second class action lawsuit filed against University Hospitals in wake of egg, embryo crisis

CLEVELAND, OH (WOIO) - A second class action lawsuit has now been filed against University Hospitals.

More than 2,000 eggs and embryos were potentially damaged or destroyed after a storage tank unexpectedly warmed up just over a week ago.

Millions of dollars is at stake with this class action lawsuit.

A Pennsylvania couple filed it on Monday with a Cleveland law firm.

Attorney Lydia Floyd with Peiffer Rosca Wolf Abdullah Carr & Kane represents the couple.

The law firm has offices across the country and has handled embryo loss cases in the past.

Floyd says the couple she is representing called University Hospitals last Monday to take the next step to become parents.

After eight years, they were ready to use their frozen embryos at the fertility clinic.

But then they found out their embryos were likely no longer viable, and their hopes have now been dashed.

"There is no words that I can use to describe that loss. It's horrifying, it's an emotional roller coaster," Floyd said.

She said it's been a nightmare for them and the estimated 700 other people affected.

"As a parent, I know when you're wondering, 'Am I going to have this baby, is it going to be okay?' And that hope that you have, that you will become a parent," Floyd said.

Amber and Elliot Ash of Bay Village had two embryos stored at the facility.

They filed a separate class action lawsuit over the weekend.

Cleveland 19 spoke to them on Sunday.

"There is nothing worse than being told that these embryos that you worked so hard to create and invested so much of your time, your physical self, emotional self, financial piece. They are gone. They are gone in an instant," Amber Ash said.

Floyd hopes her lawsuit, filed on behalf of the Pennsylvania couple, will bring changes so something like this never happens again.

"So our lawsuit can't bring back, bring back those hopes and dreams. What it can do, is tell the story, and maybe seek some redress for our clients," she said.

University Hospitals issued the following statement Sunday:

"We understand why some people might feel compelled to take this step. Any lawsuits being filed will have no bearing on the independent review being conducted or our determination to help patients who have suffered this loss."

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